Federal judge blocks Trump’s new visa limits for foreign students and journalists one day before they take effect

A federal judge blocked the Trump administration from implementing a new rule that would limit how long foreign students and journalists can remain in the United States. F Dennis Saylor, the US district judge in Boston, reportedly issued the ruling just one day before the Department of Homeland Security policy was scheduled to take effect.

As reported by The Guardian, the judge did not hold back in his assessment of the policy. He stated that the Department of Homeland Security adopted the rules based on rationales that were exceptionally weak. While the agency argued that the changes were necessary for national security and to prevent fraud within the visa program, Saylor concluded that the government failed to meet its legal obligations to consider less burdensome alternatives.

Saylor reportedly noted that this system has allowed tens of millions of researchers and students to contribute to groundbreaking research in science, medicine, and technology. He pointed out that this has driven substantial economic growth and provided a host of other benefits on a vast scale.

He says it can damage the higher education system

The rule adopted in July was designed to replace that established system with one that would substantially restrict the number of foreign professors, students, and journalists in the country. Under the proposed guidelines, F visas for international students and J visas for cultural exchange programs would have been capped at four years. The situation for media professionals would have been even more restrictive, as I visas for journalists would have been capped at 240 days.

Saylor highlighted that major institutions like Harvard and the Massachusetts Institute of Technology rely on a high percentage of foreign students, especially at the graduate level. The judge wrote that if the rule took effect, the damage to the higher education system and to the economy of the United States is likely to be catastrophic. 

He added that universities would likely face hundreds of millions of dollars in costs alongside a significant decline in enrollment. On the other hand, the reaction from the government was swift and critical. 

James Percival, the DHS general counsel, reportedly stated that under the ruling, US Immigration and Customs Enforcement must permit this rampant abuse of our immigration system. He further commented, “Come on a student visa, take one ‌class per semester, and stay here for decades.”

On the other side of the legal battle, those representing the education sector expressed relief. Miriam Feldblum, who leads the Presidents’ Alliance on Higher Education and Immigration, said the judge’s ruling recognized the harm the rule would cause to international students, universities, and the economy if it was allowed to take effect.