A US federal judge on Monday postponed the implementation of a Trump administration policy that would impose stricter limits on how long foreign students and journalists can study or work in the United States.
District Judge Dennis Saylor issued a preliminary injunction one day before the new visa rules from the Department of Homeland Security (DHS) were scheduled to take effect.
Under the proposed rules, foreign students on visas would be admitted for a maximum of four years, after which they would be required to apply for an extension. Under the previous system, international students could remain in the US for the duration of their studies.
Foreign journalists would be limited to stays of 240 days, or about eight months, but could apply for extensions of a similar duration. They were previously allowed to remain in the country for up to five years.
Chinese journalists would face a 90-day limit, with extensions also capped at 90 days.
A coalition of unions representing universities, teachers and journalists had filed a lawsuit challenging the restrictions.
Saylor ordered the implementation of the new DHS rules to be put on hold pending further proceedings. He did not rule on the merits of the case and scheduled another hearing for October 2.
However, in an accompanying memorandum, the judge expressed skepticism about the proposed restrictions on international students and foreign journalists.
He noted that the existing system had allowed tens of millions of foreign students to study in the United States, contributing to “groundbreaking research in science, medicine, and technology, substantial economic growth, and a host of other benefits.”
“Rather than attempt to improve that system, DHS elected to replace it with a new program that will substantially restrict the overall number of foreign students, researchers, professors, and journalists,” Saylor said.
The judge also raised concerns about the proposed visa-extension process, under which DHS decisions could be “entirely discretionary and unappealable.”
He said a DHS official could, “based on limited and vague criteria, and with no possibility of appeal,” cut short the academic, research or teaching activities of a non-US citizen.
Foreign journalists seeking visa extensions would similarly have “no recourse and no appeal” if their applications were rejected, Saylor said.
“The possibilities for abuse are rampant — in particular, the obvious likelihood that the visas of foreign journalists who are critical of the government (or, more particularly, DHS officials) will not be renewed,” he said.
‘Absurd’
DHS had cited national security concerns when proposing the new rules, but Saylor said the justification “borders on the absurd” and was “based almost entirely on a small handful of anecdotes.”
The proposed restrictions form part of a broader immigration crackdown under President Donald Trump, which includes aggressive enforcement operations in major US cities and new restrictions on legal pathways to citizenship.
The United States hosted more than 1.1 million international students during the 2023-24 academic year, more than any other country, according to official data.
AFP
