• Immigration rule remains suspended
  • Students maintain current scheme
  • Judicial battle remains open

A new immigration rule that was set to change the stay of foreign students, researchers, and journalists in the US as of September 15 has been halted by a decision from a federal judge in Boston.

Federal Judge F. Dennis Saylor IV postponed the implementation of the Department of Homeland Security (DHS) regulation, which sought to replace the «duration of status» system with determined admission periods.

The resolution came just one day before the changes were set to begin and favored a coalition of higher education organizations and unions that challenged the measure.

For now, the current system continues to apply, and the new restrictions planned for F, J, and I categories cannot be implemented while the judicial order remains in effect.

Judge Blocks New USCIS Immigration Rule

The suspended regulation had intended to generally limit the admission of international students with F visas and participants in exchange programs with J visas to four years.

For foreign media representatives with I visas, the new system established maximum periods of 240 days, instead of the scheme used until now.

Those who needed to stay longer under the new model would have to apply for an extension, increasing government involvement in reviewing those stays.

The rule also contemplated restrictions related to certain academic changes and transfers, but these provisions are not currently in effect.

Why Did the Judge Block the New Immigration Rule?

Saylor considered that DHS had supported the change with «exceptionally weak» arguments, after the agency justified the policy for national security and fraud prevention reasons.

The magistrate concluded that there was a substantial probability that the plaintiffs would demonstrate that the agency’s action was arbitrary and capricious under the Administrative Procedure Act.

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The judge also questioned that DHS had not adequately considered less burdensome alternatives or responded sufficiently to concerns raised during the regulatory process.

Regarding the potential consequences, Saylor wrote: «It is likely that the damage to the US higher education system and economy will be catastrophic.»

The Legal Battle Is Not Over Yet

The decision does not definitively eliminate the regulation. The court postponed its effective date while analyzing the merits of the case and denied, for now, the request to permanently invalidate it.

This means that the situation could change again depending on the development of the lawsuit and future judicial decisions.

In the meantime, F-1 students and J-1 participants can continue under the current «duration of status» scheme; universities such as USC and Vanderbilt have already confirmed that the new fixed periods and extension procedures are not in effect.

The next procedural step includes a scheduled judicial conference for October 2, so those who may be affected should follow official updates and consult their institution or a qualified immigration professional before making important decisions.

Sources: La Nación, Reuters.