Washington, Sep 15: A US federal judge has temporarily blocked a Trump administration rule that would have capped international student visas at four years, preserving the existing system for foreign students and researchers while the court examines the policy. The ruling offers relief to international students, including thousands from India, who could have faced immigration hurdles if their academic programmes extended beyond the proposed limit.
Judge F. Dennis Saylor IV of the US District Court in Boston issued a nationwide preliminary injunction on Monday, a day before the Department of Homeland Security regulation was due to take effect.
The blocked rule sought to replace the longstanding “duration of status” system, which allows foreign students to remain in the United States while enrolled in an authorised academic programme. Under the proposed system, students requiring more than four years would have needed approval from immigration authorities to extend their stay.
The regulation would also have restricted students’ ability to change academic programmes, transfer universities or pursue another degree at the same level without prior approval. Visiting scholars and foreign journalists would have faced changes under the measure as well.
Saylor criticised the government’s rationale for the regulation, describing it as “exceptionally weak”. He said the existing system had supported research in science, medicine and technology and contributed to economic growth.
The judge warned that implementing the restrictions could cause damage to US universities and the economy that would likely be “catastrophic”. He also cited the contribution of immigrants educated at American universities, noting their disproportionate representation among patent inventors and Nobel Prize recipients.
The government had argued that the existing system was outdated and required reform to protect national security. While acknowledging shortcomings in the current framework, Saylor said the administration had sought to substantially reduce the number of foreign students, researchers, professors and journalists allowed to remain in the country.
The case was filed by higher-education organisations and labour unions, including the Presidents’ Alliance on Higher Education and Immigration, NAFSA: Association of International Educators and the Association of Independent Colleges and Universities in Massachusetts. The plaintiffs argued that the four-year limit was arbitrary and could undermine universities’ ability to attract international talent and conduct advanced research.
The rule was expected to particularly affect doctoral students. National Science Foundation data cited in reports showed doctoral programmes take a median 5.7 years to complete.
Saylor also questioned whether immigration officials should exercise greater control over academic decisions, warning that such authority could potentially be used against people or institutions because of disfavoured viewpoints or research.
Nearly 22,000 public comments were submitted on the regulation, with most opposing it. NAFSA figures cited in reports also showed a 10 per cent decline in international applications through the Common Application during the latest admissions cycle and a 21 per cent fall in doctoral applications.
The preliminary injunction does not permanently invalidate the regulation. It keeps the existing system in place while the case proceeds. The administration can appeal the ruling, with the next court hearing scheduled for October 2.
