A federal judge ruled Monday to postpone the Department of Homeland Security’s rule to cap student visas at four years, which was set to take effect on Tuesday. He argued that the rule could negatively impact international students, the economy and higher education more generally. He added that the government provided weak rationale for the rule change.
In August, eight non-profits and unions — including Brown’s Graduate Labor Organization — filed an 81-page complaint arguing that the rule was “arbitrary and capricious” and would be “catastrophic” for international students and the nation.
In the judge’s ruling in favor of the preliminary injunction, he denied the plaintiffs’ motion for summary judgment. If granted, that motion would have allowed the judge to rule on the case without it proceeding to trial.
U.S. District Judge F. Dennis Saylor IV’s decision to issue a preliminary injunction comes after he questioned the government’s case for the policy in a Sept. 3 hearing.
“Where was the outrage when foreign nationals were abusing the system, violating the terms of their student visas, and making a mockery of our immigration laws?” a DHS spokesperson wrote in a message to The Herald.
“If the media really cared about legitimate international students, they would be thanking President Trump for cracking down on the rampant fraud to ensure only those truly intending to study in the United States are given the privilege,” the spokesperson added.
Historically, international students have been granted visas under a “duration of status,” meaning that their visa was valid as long as they were making progress toward their academic or research goals.
“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 in the United States,” Saylor wrote in his opinion.
Saylor also criticized the proposed rule because it allowed DHS to make decisions on students’ visa statuses. “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.
According to Michael Ziegler GS, the president of GLO’s parent organization RIFT-AFT Local 6516, GLO was asked to join the motion as a co-plaintiff by the national American Federation of Teachers union.
“I am really feeling happy for our international members, who I think have had some considerable anxiety about the implementation of this rule,” Ziegler said. The rule “really kind of throws into question the ability of our graduate members to complete their degrees.”
Brown offers doctoral students five or six years of financial support, depending on their intended program.
“This preliminary injunction is proof positive that the Trump administration’s proposed limits on how long international scholars have to complete their studies is arbitrary and hostile,” Randi Weingarten, the president of AFT, wrote in a press release from the Presidents’ Alliance on Higher Education and Immigration.
“We stand united with our 420,000 higher education members, international and American alike, so they can continue their work that makes US colleges and universities the envy of the world.”
This is a developing story. Check back for updates.
Emily Feil is a university news and metro editor covering staff & student labor and RISD. She is from Long Beach, NY and plans to concentrate in English and international & public affairs. In her free time, she can be found watching bad TV and reading good books.
