A coalition of higher education groups and labor unions has sued the Trump administration to block a Department of Homeland Security rule set for September 15, 2026. The rule ends the decades-old 'duration of status' framework, limiting foreign student visas to four years and foreign journalist visas to 240 days. Plaintiffs argue the policy violates the Administrative Procedure Act, lacks evidence of systemic fraud, and will cost the U.S. economy billions by deterring international enrollment.
DHS visa time-limit rule
- ▪The Department of Homeland Security spokesperson defended the visa rule as a necessary measure to crack down on rampant fraud and ensure proper oversight of foreign nationals.
- ▪The Department of Homeland Security finalized a rule, effective September 15, 2026, that limits international student and exchange visitor visas to a maximum of four years.
- ▪The Department of Homeland Security rule limits the period of admission for foreign journalists on I visas to 240 days, with a shorter 90-day limit for Chinese nationals.
Lawsuit challenging rule implementation
- ▪The lawsuit seeks a preliminary injunction to block the Department of Homeland Security rule from taking effect while the legal challenge moves forward.
- ▪The plaintiffs in the lawsuit include NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, the American Federation of Teachers, and the NewsGuild-CWA.
- ▪The lawsuit names the Department of Homeland Security, Secretary Markwayne Mullin, U.S. Immigration and Customs Enforcement, and Acting Director David Venturella as defendants.
- ▪A coalition of labor unions and higher education groups filed a lawsuit on August 18, 2026, in the U.S. District Court for the District of Massachusetts to block the visa rule.
Duration of status framework
- ▪The Trump administration argued that the 'duration of status' system promotes fraud by creating 'forever students' who enroll in courses indefinitely to avoid leaving the country.
- ▪The decades-old 'duration of status' framework, established in 1979, allows foreign students to remain in the United States as long as they maintain their academic progress.
- ▪The plaintiffs argued that the 'duration of status' system allows universities flexibility while enabling authorities to monitor students via the Student and Exchange Visitor Information System.
Impact on higher education institutions
- ▪The lawsuit warns that the four-year visa limit does not align with the reality of PhD programs, which typically require six to seven years to complete.
- ▪The complaint cites Department of Homeland Security estimates that the rule will impose at least $443 million in annual compliance and implementation costs.
- ▪The plaintiffs argue that the rule will discourage international enrollment, harming the U.S. economy, which received a $42.9 billion contribution from international students in 2024-25.
Administrative Procedure Act violations
- ▪The plaintiffs claim the Department of Homeland Security violated the Administrative Procedure Act by providing an inadequate 32-day public comment period and failing to respond to concerns.
- ▪The lawsuit asserts that the Department of Homeland Security failed to consider less burdensome alternatives, such as utilizing the existing Student and Exchange Visitor Information System database.
- ▪The lawsuit alleges that the Department of Homeland Security violated the Administrative Procedure Act by failing to provide a rational justification or evidence of systemic visa fraud.
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