A US federal judge on Monday postponed the implementation of a Trump administration policy that would introduce 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 just one day before the new visa rules from the Department of Homeland Security (DHS) were scheduled to take effect.
Under the proposed rules, foreign nationals on student visas would be admitted for a maximum of four years, after which they would need to apply for an extension. Under the previous system, international students could remain in the US for the duration of their academic programmes.
Foreign journalists would have been restricted to stays of 240 days, or about eight months, with the possibility of applying for extensions of similar length. Previously, they could remain in the country for up to five years.
Chinese journalists would face an even shorter 90-day limit, with extensions also restricted to 90 days.
A coalition of unions representing universities, teachers and journalists had challenged the visa restrictions in court.
Saylor temporarily halted the implementation of the DHS rules without making a final decision on the merits of the case. He scheduled another hearing for October 2.
In an accompanying memorandum, however, the judge expressed doubts about the restrictions placed on international students and journalists.
He noted that the existing system had enabled tens of millions of foreign students to study in the US, contributing to scientific, medical and technological research as well as economic growth.
“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,” he said.
The judge also criticised provisions that would give DHS broad discretion over applications for visa extensions.
He said that under the proposed system, DHS decisions to deny visa extensions would be “entirely discretionary and unappealable.”
“A DHS official — based on limited and vague criteria, and with no possibility of appeal — will have the power to cut short the academic, research, or teaching activities of any non-US citizen for no reason or any reason.”
Saylor said foreign journalists seeking extensions would similarly have “no recourse and no appeal” if their applications were rejected.
“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 introducing the proposed rules. However, Saylor strongly questioned that justification, describing the argument as “borders on the absurd” and saying it was based largely on a small number of anecdotes.
The visa restrictions form part of President Donald Trump’s broader immigration crackdown, which includes aggressive enforcement operations in major cities and new restrictions affecting legal pathways to citizenship.
The United States hosted more than 1.1 million international students during the 2023-24 academic year, according to official data, making it the leading destination for international students globally.
Source: AFP
