Trump's international student visa cap blocked one day before taking effect

A federal judge blocked the Trump administration’s rule that would have imposed strict restrictions on how long international students and foreign journalists can remain in the United States, just one day before it was set to take effect.

U.S. District Judge F. Dennis Sayor IV of the District of Massachusetts granted a preliminary injunction in favour of a coalition of higher education groups and labour unions, including the American Federation of Teachers, NAFSA, and the Presidents’ Alliance on Higher Education and Immigration.

Under the suggested Department of Homeland Security rule, International students on F visas would have been restricted to four years, while J visa exchange participation and journalists on I visas would have faced caps of 240 days, replacing a system that enabled students to stay for the duration of their studies. Under this, Chinese journalists would have received just 90 days.

Saylor conducted DHS likely violated the Administrative Procedure Act “in multiple respects,” citing a 32-day comment period during which 22,000 comments, an overwhelming majority opposing the rule, were largely unaddressed.

He dismissed the government’s national security justification as “bordering on the absurd,” based on “almost entirely on a small handful of anecdotes.”

The judge warned the rule can be abused to “punish those whose viewpoints or research are disfavoured,” calling the possibilities for abuse “rampant” and raising concerns that the real purpose was “asserting greater government control over academic institutions.”

In 2023-24, the U.S. hosted over 1.1 million international students. Officials warned the rule could cost universities hundreds of millions and deter applicants. A hearing is scheduled for October 2.