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Judge Strikes Down Trump Rule Slashing Student Visa Terms
(MENAFN) A federal judge on Monday halted a Trump administration rule that would have drastically shortened how long international students, academics and foreign journalists could remain in the United States on their visas.
The rule, issued by the Department of Homeland Security (DHS) on July 17, capped all student and academic visas at four years "regardless of the anticipated or likely length of educational program or research." Foreign journalists faced an even steeper cut, with their visa validity slashed to just 240 days.
Judge F. Dennis Saylor, presiding in Massachusetts federal court, blocked the measure, finding the administration's justification for the shortened terms "exceptionally weak."
The legal challenge was brought by three organizations representing colleges, universities and educators, along with four labor organizations — including one representing journalists. Had it taken effect, the rule would have impacted roughly 1.6 million people holding F visas for undergraduate and postgraduate study, along with 500,000 J-visa holders requiring sponsorship to remain in the US. Foreign journalists denied an extension under the policy would have had no right to appeal.
Saylor concluded that the administration's rationale was so arbitrary that the rule itself amounted to unlawful policymaking. "The weakness and the connection between the rule and its purported rationales raises legitimate questions as to whether its real purpose is not to safeguard national security and protect our borders, but to achieve other, undisclosed goals -- such as, for example, asserting greater government control over academic institutions and the press," he wrote.
DHS did not indicate whether it plans to appeal, but issued a statement saying: "If the media really cared about legitimate international students, they would be thanking President (Donald) Trump for cracking down on the rampant fraud to ensure only those truly intending to study in the United States are given the privilege."
Saylor's ruling noted a lack of evidence for widespread fraud among student visa holders, finding that officials had built their case "almost entirely on a small handful of anecdotes, each of which involved incidents that the new rule would do nothing to prevent or even mitigate."
The judge also warned of severe economic fallout. "The damage to the higher education system and to the economy of the United States is likely to be catastrophic," Saylor wrote. "The government has acknowledged that compliance costs alone will likely total more than $250 million in the first year."
He further pointed to arguments raised by the plaintiffs that the "change will have the unavoidable effect of making the United States a less attractive destination for the world's top students."
"Many American colleges and universities -- already struggling with declining enrollment based on demographic changes -- will likewise suffer huge economic impacts," Saylor wrote, adding that the administration's stated reasoning for the rule did not hold up.
"The government's contention that the rule is necessary to safeguard national security borders on the absurd," he said, siding with the plaintiffs.
"Plaintiffs have demonstrated a substantial likelihood of success on the merits of their claims," Saylor wrote, adding that "immediate irreparable harm will ensue if this Final Rule is not enjoined; and that the balance of the equities and the public interest favor issuance of a preliminary injunction."
The rule, issued by the Department of Homeland Security (DHS) on July 17, capped all student and academic visas at four years "regardless of the anticipated or likely length of educational program or research." Foreign journalists faced an even steeper cut, with their visa validity slashed to just 240 days.
Judge F. Dennis Saylor, presiding in Massachusetts federal court, blocked the measure, finding the administration's justification for the shortened terms "exceptionally weak."
The legal challenge was brought by three organizations representing colleges, universities and educators, along with four labor organizations — including one representing journalists. Had it taken effect, the rule would have impacted roughly 1.6 million people holding F visas for undergraduate and postgraduate study, along with 500,000 J-visa holders requiring sponsorship to remain in the US. Foreign journalists denied an extension under the policy would have had no right to appeal.
Saylor concluded that the administration's rationale was so arbitrary that the rule itself amounted to unlawful policymaking. "The weakness and the connection between the rule and its purported rationales raises legitimate questions as to whether its real purpose is not to safeguard national security and protect our borders, but to achieve other, undisclosed goals -- such as, for example, asserting greater government control over academic institutions and the press," he wrote.
DHS did not indicate whether it plans to appeal, but issued a statement saying: "If the media really cared about legitimate international students, they would be thanking President (Donald) Trump for cracking down on the rampant fraud to ensure only those truly intending to study in the United States are given the privilege."
Saylor's ruling noted a lack of evidence for widespread fraud among student visa holders, finding that officials had built their case "almost entirely on a small handful of anecdotes, each of which involved incidents that the new rule would do nothing to prevent or even mitigate."
The judge also warned of severe economic fallout. "The damage to the higher education system and to the economy of the United States is likely to be catastrophic," Saylor wrote. "The government has acknowledged that compliance costs alone will likely total more than $250 million in the first year."
He further pointed to arguments raised by the plaintiffs that the "change will have the unavoidable effect of making the United States a less attractive destination for the world's top students."
"Many American colleges and universities -- already struggling with declining enrollment based on demographic changes -- will likewise suffer huge economic impacts," Saylor wrote, adding that the administration's stated reasoning for the rule did not hold up.
"The government's contention that the rule is necessary to safeguard national security borders on the absurd," he said, siding with the plaintiffs.
"Plaintiffs have demonstrated a substantial likelihood of success on the merits of their claims," Saylor wrote, adding that "immediate irreparable harm will ensue if this Final Rule is not enjoined; and that the balance of the equities and the public interest favor issuance of a preliminary injunction."
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