A US federal judge has temporarily blocked the implementation of a Trump administration policy that would introduce stricter limits on how long foreign students and journalists can remain in the United States.
The preliminary injunction, issued by District Judge Dennis Saylor on Monday, came just one day before the new visa rules proposed by the Department of Homeland Security (DHS) were due to take effect.
New Visa Rules Faced Legal Challenge
Under the proposed regulations, foreign students on student visas would be allowed to remain in the United States for a maximum of four years before being required to apply for an extension.
The proposed system would replace the existing arrangement, under which international students could generally remain in the country for the duration of their academic programmes.
The rules would also significantly reduce the permitted stay for foreign journalists.
Journalists would be restricted to a maximum stay of 240 days, or about eight months, with the option to apply for extensions of a similar duration. Previously, foreign journalists could stay for up to five years.
Chinese journalists would face an even shorter initial period of 90 days, although they could apply for additional 90-day extensions.
The new restrictions were challenged in court by a coalition of unions representing universities, teachers and journalists.
Saylor ordered the implementation of the DHS rules to remain on hold while the legal challenge proceeds. However, he did not rule on the merits of the case and scheduled another hearing for October 2.
Judge Questions Impact of Visa Restrictions
In a memorandum accompanying the injunction, Saylor expressed significant concerns about the proposed restrictions on international students and journalists.
The judge noted that the existing visa system has enabled tens of millions of foreign students to study in the United States, contributing to major advances in science, medicine and technology, as well as economic growth.
He said the current system had produced “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,” he said.
Saylor also questioned the level of discretion that DHS officials would have when deciding whether to grant visa extensions.
According to the judge, decisions to deny 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.”
The judge added that foreign journalists seeking visa extensions would 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.
Judge Calls DHS National Security Argument ‘Absurd’
DHS had cited national security concerns when introducing the proposed visa rules.
However, Saylor strongly questioned that justification, saying the argument “borders on the absurd” and was “based almost entirely on a small handful of anecdotes.”
The court’s decision comes amid a broader immigration crackdown under President Donald Trump, which includes intensified enforcement operations in major US cities and additional restrictions on legal routes to citizenship.
US Remains Top Destination for International Students
The United States remains the world’s leading destination for international students.
Official data shows that more than 1.1 million international students studied in the country during the 2023–24 academic year, more than in any other country.
The temporary injunction means the proposed visa restrictions will not take effect as scheduled while the legal battle continues, with the next major hearing set for October 2.
