Particle.news
Download on the App Store

Coalition Sues to Block DHS Rule Ending 'Duration of Status' for Students and Journalists

Plaintiffs argue the rule shifts extensions to federal review with biometric checks, threatens international enrollment and university revenue, and seeks a court order to stop the rule before Sept. 15.

Overview

  • A coalition of universities, unions and press groups filed an 81‑page complaint and a motion for a preliminary injunction in federal court in Massachusetts on Tuesday, asking a judge to vacate the Department of Homeland Security rule before its Sept. 15 effective date.
  • The DHS final rule replaces the decades‑old 'duration of status' system by imposing fixed admission periods—generally up to four years for F and J visa holders—and limits most I‑visa journalists to 240 days or shorter terms for some Chinese passport holders.
  • Plaintiffs say DHS violated the Administrative Procedure Act by giving too little time for public comment, failing to respond to roughly 22,000 comments, not considering less burdensome alternatives, and producing a flawed cost‑benefit analysis.
  • The rule requires students who exceed four years to seek extensions adjudicated by U.S. Citizenship and Immigration Services with fees, biometrics and security screening, which critics warn could create USCIS bottlenecks and risk unlawful‑presence accrual for delayed decisions.
  • Higher‑education groups and press organizations warn the policy will deter international applicants, disrupt multi‑year graduate and research programs, and cause billions in economic losses, while DHS defends the change as needed to curb fraud and improve oversight.