A federal judge in Boston has stalled the Trump administration’s plan to impose a four-year limit on student visas, putting the proposed restriction on hold just a day before it was set to take effect.
Federal officials are looking to limit how long international students can remain in the United States before they have to obtain a new visa or leave the country.
The cap was scheduled to take effect Tuesday. But in a ruling on Monday granting the preliminary injunction, U.S. District Judge F. Dennis Saylor described the proposal as “exceptionally weak” and said the current student visa system has contributed to “groundbreaking research in science, medicine, and technology.”
Higher education leaders say the limit could make it harder for doctoral students to complete their research. A coalition of higher ed groups says nearly a quarter-million international students are pursuing doctoral degrees, most of them enrolled in STEM fields.
The rule wouldn’t be retroactive, but it would impact prospective international students looking to study abroad. Colleges contend the new rule is already affecting their campuses and could discourage talented students from even applying to U.S. schools.
“This can have massive consequences for U.S. institutions, for the economy,” said Fanta Aw, CEO of NAFSA: Association of International Educators, which is suing to block the rule. “This is about this country, and it’s also about real lives and real people. It’s not just about numbers here.”
Aw said the judge’s decision was timely and necessary, “given that we’ve had in place a rule that has worked for decades and decades.”
Supporters of the cap say it would add accountability to the student visa system, help prevent fraud and create only a minor inconvenience for international students.
“Come on a student visa, take one class per semester, and stay here for decades,” James Percival, the general counsel for the Department of Homeland Security, posted on social media after the ruling Monday. “According to Judge Dennis Saylor, ICE must permit this rampant abuse of our immigration system.”
The next hearing in the case is scheduled for Oct. 2.
