Dive Update:
- The U.S. Department of Homeland Security on Wednesday appealed a court ruling temporarily blocking the agency from implementing new regulations that would cap student visa stays to four years.
- In mid-September, a federal judge put the regulations on pause just one day before they would have taken effect. In his ruling, U.S. District Judge F. Dennis Saylor said a lawsuit from the higher education groups and unions over the cap was likely to succeed on several grounds.
- The plaintiffs have argued that the rule violates the Administrative Procedure Act. Saylor agreed in his ruling, writing that the Trump administration’s justifications for the new regulations — namely, defending national security and preventing visa abuse — didn’t hold up to meaningful scrutiny.
The impact: DHS appealed the ruling to the 1st U.S. Circuit Court of Appeals.
The pipeline of international students that many colleges depend on is showing signs of cracking. Several major public universities have already reported steep declines in their international student populations this fall amid the Trump administration’s efforts to tighten visa policies.
The fate of these regulations could majorly impact those trends. In their lawsuit, the higher education groups warned that the effects would be “catastrophic for universities, international students and scholars, and the Nation as a whole.”
The background: The contested regulations would overhaul the nation’s longstanding international education system, which allows foreign students to stay in the U.S. for the duration of their studies.
Although international students could apply for extensions, the plaintiffs in the lawsuit have argued that there would be no guarantee that those would be granted. Saylor also voiced concerns with this process in his ruling, writing that DHS has provided little guidance and that decisions were left up to individual agency officials.
“In other words, 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-U.S. citizen for no reason or any reason,” he wrote.
What we’re watching: Comprehensive data on international student enrollment is expected later this fall, potentially shedding more light on the impact of the Trump administration’s policies. In the meantime, the court fight over the rule is ongoing, as Saylor has not yet decided whether to vacate the regulations.
