A lawsuit has been filed in federal court to halt the implementation of the Trump administration’s new immigration regulations, which strictly limit the stay of international students to a maximum of four years. On the 18th, major U.S. educational and media organizations, including the American Federation of Teachers (AFT) and the National Association of International Educators (NAFSA), filed a complaint against the Department of Homeland Security (DHS) in the Massachusetts federal court and requested an injunction to suspend the effect of the executive rule. This lawsuit aims to block the regulations limiting the duration of stay for international students (F visas), exchange visitors (J visas), and foreign journalists (I visas), which are scheduled to take effect on September 15. [Reported on page A1 of this newspaper on July 17] Under previous regulations, as long as the visa holders maintained their academic programs or reporting employment, they could legally remain in the United States without separate extensions under the “Duration of Status (D/S)” system.
However, according to the new regulations, the maximum period of stay for international student and exchange visitor visas is limited to four years. Additionally, the duration of stay for foreign correspondent visas, which previously allowed for several years, is drastically shortened to a maximum of 240 days. In the complaint, the plaintiffs argued that “the new DHS regulations are arbitrary and rigid measures that completely fail to reflect the reality of higher education in the United States” and that they “violate the Administrative Procedure Act (APA).”
They specifically pointed out that international students pursuing doctoral programs, double majors, major changes, or Optional Practical Training (OPT)—which typically take more than five years—could face anxiety over the loss of their immigration status and additional economic and administrative burdens as they become tied down by unnecessary extension application procedures. They also added that regulations restricting re-education at the same degree level or changes in programs excessively infringe upon students’ academic rights. An official from NAFSA explained the rationale behind the lawsuit, stating, “This regulation will severely undermine the standing of international students who have contributed to U.S. universities, the economy, and national security,” adding, “Legal action was inevitable to prevent the immense damage that would be inflicted on national interests.”