By Sumayya
A US federal judge on Monday postponed implementation of a Trump administration policy that would impose stricter limits on how long foreign students and journalists can study or work in the United States.
The preliminary injunction from District Judge Dennis Saylor came one day before the new visa rules from the Department of Homeland Security (DHS) were scheduled to take effect.
Under the proposed new rules, foreigners on student visas would be admitted for a maximum of up to four years after which they would have to apply for an extension. International students were previously allowed to remain for the duration of their studies.
Foreign journalists would be limited to stays of just 240 days, or around eight months, but could apply for extensions of similar duration. Until now they could stay up to five years.
Chinese journalists would get just 90 days, with extensions of 90 days.
A coalition of unions representing universities, teachers and journalists had filed a lawsuit challenging the visa restrictions.
Saylor put implementation of the new DHS rules on hold for now without ruling on the merits of the case and scheduled another hearing for October 2.
But in an accompanying memo, the judge expressed skepticism about the visa restrictions on international students and journalists.
He said the current system has permitted tens of millions of foreign students to come to the United States, resulting in “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.
The judge said that under the new rules, DHS denials of visa 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.”
Foreign journalists applying for visa extensions would also have “no recourse and no appeal” in the event they are turned down, Saylor said.
“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.
‘Absurd’
When it proposed the rule, DHS cited national security grounds, an argument the judge said “borders on the absurd” and was “based almost entirely on a small handful of anecdotes.”
The visa restrictions are part of a broader immigration crackdown by President Donald Trump spanning aggressive enforcement operations in major cities as well as new restrictions on legal pathways to citizenship.
The United States welcomed more than 1.1 million international students in the 2023-24 academic year, more than any other country, according to official data.A US national arbitrator on Monday deferred execution of a Trump administration regulation that would levy more rigid caps on how long outside pupils and media-workers can study or operate inside the United States.
The initial mandate from District Arbitrator Dennis Saylor arrived one period before the fresh permit edicts from the Department of Homeland Security (DHS) stood slated to assume power.
Under the projected fresh edicts, outsiders on pupil permits would be received for a boundary of up to four annual-cycles after which they would possess to apply for an extension. Global pupils were previously permitted to stay for the timespan of their schooling.
Outside media-workers would be capped to stays of merely 240 periods, or close to eight months, but could apply for extensions of identical timespan. Until presently they could stay up to five annual-cycles.
Chinese media-workers would secure merely 90 periods, with extensions of 90 periods.
A alliance of syndicates symbolizing academies, instructors and media-workers had submitted a lawsuit contesting the permit barriers.
Saylor placed execution of the fresh DHS edicts on pause for currently without ruling on the value of the lawsuit and slated alternative hearing for October 2.
But in an adjacent memo, the arbitrator expressed doubt about the permit barriers on international pupils and media-workers.
He expressed the present framework has permitted tens of millions of outside pupils to travel to the United States, bringing “groundbreaking analysis in science, medicine, and technology, heavy economic growth, and a pack of alternate gains.”
“Rather than attempt to enhance that framework, DHS chose to substitute it with a fresh curriculum that will heavily cap the overall volume of outside pupils, researchers, professors, and media-workers,” he expressed.
The feelings from the bench said that under the fresh edicts, DHS refusals of permit extensions would be “entirely arbitrary and unappealable.”
“A DHS official — based on restricted and hazy metrics, and with no path of challenge — will possess the power to cut brief the academic, analysis, or teaching operations of any non-US citizen for no basis or any basis.”
Outside media-workers applying for permit extensions would likewise possess “no path and no challenge” in the event they remain turned downward, Saylor expressed.
“The avenues for misuse remain wide — in specific, the transparent likelihood that the permits of outside media-workers who remain critical of the administration (or, more specific, DHS workers) will not be renewed,” he expressed.
‘Foolish’
When it projected the edict, DHS listed national protection bases, an argument the arbitrator expressed “borders on the foolish” and stood “based almost entirely on a minor handful of stories.”
The permit barriers are segment of a wider migration crackdown by President Donald Trump spanning aggressive control operations in major municipalities as well as fresh barriers on legal paths to citizenship.
The United States greeted more than 1.1 million international pupils in the 2023-24 academic annual-cycle, more than any alternate nation, according to official parameters.
