BOSTON — A federal judge on Monday blocked the Trump administration from limiting how long international students can stay in the United States, stopping the new rules a day before they were set to take effect.
U.S. District Judge F. Dennis Saylor IV said the Department of Homeland Security had not adequately justified the change, which would have ended a system used for nearly 50 years that generally allows foreign students to stay in the country as long as they are enrolled in their academic programs.
The new rule would have limited most international students and exchange visitors to four years. Students who needed more time — including many pursuing doctorates — would have had to apply to the federal government for an extension. Foreign journalists would generally have been limited to 240 days.
Saylor was particularly skeptical of the administration’s argument that the change was needed for national security.
“The government’s contention that the rule is necessary to safeguard national security borders on the absurd,” he wrote.
He also warned that the rule could hurt American universities and make it harder for them to attract students and researchers from around the world.
“The damage to the higher education system and to the economy of the United States is likely to be catastrophic,” Saylor wrote.
The lawsuit was brought by a group of higher-education organizations and labor unions, including the Presidents’ Alliance on Higher Education and Immigration and NAFSA: Association of International Educators. They argued that the government had not adequately considered the costs of the new system or responded to concerns raised while the rule was being developed.
The administration says the current system is too easy to abuse because students can remain in the country for years without having to periodically reapply for permission to stay. DHS General Counsel James Percival criticized the ruling Monday, saying the existing rules can allow people to “take one class per semester, and stay here for decades.”
Monday’s decision means little changes immediately for international students. They can continue to stay in the country for the duration of their studies as long as they maintain their legal status.
The fight, however, is not over. Saylor temporarily blocked the rule rather than striking it down permanently, and the administration can appeal his decision.
