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A US federal judge has blocked the Trump administration from implementing new visa rules that would have imposed stricter limits on how long foreign students and journalists can remain in the country.
US District Judge Dennis Saylor issued a preliminary injunction on Monday, just a day before the Department of Homeland Security was due to implement the new rules. The judge scheduled another hearing for October 2 while the legal challenge continues.
Under the proposed policy, international students would have been allowed to remain in the United States for a maximum of four years before applying for an extension. The previous system allowed eligible students to remain for the duration of their studies.
Foreign journalists would have faced a 240-day limit, or about eight months, after which they would have needed to apply for an extension. Journalists from China would have been limited to 90 days, with the option to seek further 90-day extensions.
The lawsuit was filed by a coalition representing universities, educators and journalists, which challenged the proposed restrictions and their potential effect on international education, research and journalism.
Although Saylor did not make a final ruling on the legality of the policy, he expressed strong doubts about the administration’s justification for changing the existing system. He noted that the long-standing arrangement had enabled tens of millions of foreign students and researchers to enter the US, contributing to scientific and technological research as well as economic growth.
The judge also criticised the proposed extension process, warning that decisions by the Department of Homeland Security could be discretionary and unappealable. He said this could give officials the power to abruptly end the academic, research or teaching activities of non-US citizens.
Saylor further raised concerns about foreign journalists, saying the absence of an appeal process could create a risk that visas of journalists critical of the government or DHS officials would not be renewed.
The judge rejected the administration’s national security justification as exceptionally weak, while the court’s injunction keeps the existing visa framework in place nationwide as the lawsuit proceeds.
