US Judge Blocks Trump Administration's New Visa Rules for Foreign Students, Journalists

WASHINGTON: A US federal judge on Monday (Sep 14) 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 US District Judge F. 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, foreign students on student visas would be admitted for a maximum period of up to four years, after which they would have to apply for an extension. International students were previously generally allowed to remain for the duration of their authorised studies under the existing system.

Foreign journalists would be limited to stays of 240 days, or around eight months, but could apply for extensions of similar duration. Until now, journalists could remain for longer periods under the existing system.

Chinese journalists would face a 90-day limit, with extensions of 90 days.

A coalition of unions representing universities, teachers and journalists had filed a lawsuit challenging the proposed visa restrictions.

Saylor put implementation of the new DHS rules on hold for now without finally ruling on the merits of the case. The court has scheduled another hearing for October 2.

In an accompanying memorandum, the judge expressed scepticism about the proposed restrictions affecting international students and journalists.

He said the existing system has permitted millions of foreign students to come to the United States, contributing to research in science, medicine and technology, economic activity and other benefits.

The judge also raised concerns that the new rules could substantially restrict the ability of foreign students, researchers, professors and journalists to remain in the United States.

Saylor said that under the proposed rules, DHS decisions on visa extensions would involve significant discretion and that applicants would have limited avenues to challenge such decisions.

Regarding foreign journalists, Saylor also raised concerns about the absence of an appeal mechanism if visa extensions were denied and said the system could create the possibility of misuse.

The judge specifically raised the possibility that journalists critical of the US government or DHS officials could face difficulties in obtaining extensions.

Judge Questions National Security Rationale

When it proposed the rule, DHS cited national security and other concerns. Saylor strongly questioned the government's justification, describing the national-security rationale as bordering on “the absurd” and saying it was based largely on a limited number of examples.

The visa restrictions are part of a broader immigration policy agenda under President Donald Trump that includes stricter enforcement measures and changes to legal immigration pathways.

The latest court order temporarily keeps the proposed visa changes from taking effect while the legal challenge continues.