A federal judge in Boston has temporarily blocked a new rule from the Department of Homeland Security (DHS) that would have imposed stricter limits on how long foreign students and journalists can remain in the United States without applying for extensions. The ruling, issued one day before the policy was set to take effect, came in response to a legal challenge from a coalition of unions representing universities, educators, and journalists.
U.S. District Judge F. Dennis Saylor, an appointee of former President George W. Bush, issued a preliminary injunction that halts the enforcement of the Trump administration’s visa restrictions. The new rule would have capped stays for foreign students at four years, requiring visa holders to seek extensions thereafter, whereas the previous policy allowed students to remain for the full “duration of their status,” effectively covering their entire academic program without a separate renewal process.
For foreign journalists, the policy would have limited stays to 240 days (approximately eight months), with the possibility of requesting renewals of equal length. Chinese journalists would have faced even shorter initial allowances of 90 days, with similar extension terms. Prior to the proposed rule, journalists could remain in the U.S. for as long as five years under their visas.
In his ruling, Judge Saylor expressed concern about the potential negative impact of the policy on academic and journalistic activities, noting that the longstanding visa system has historically facilitated significant contributions to scientific research, education, and the economy through the presence of international students and scholars. He also highlighted that the rule would grant DHS officials broad discretionary authority to deny extensions without recourse or appeal, raising the possibility of arbitrary or politically motivated decisions.
The judge critiqued DHS’s justification for the restriction, which cited national security concerns and the need to prevent fraud, describing the rationale as “exceptionally weak” and “based almost entirely on a small handful of anecdotes.” He emphasized that the agency had failed to adequately address stakeholder feedback or explore less burdensome alternatives before moving forward with the policy.
James Percival, general counsel for DHS, responded to the ruling with criticism, asserting that the injunction would allow abuses of the immigration system by enabling foreigners to remain indefinitely with minimal academic engagement. Percival stated that under the judge’s decision, individuals could maintain student visas while attending just one class per semester and extend their stay for decades.
The visa limitations form part of a broader effort by the Trump administration to tighten immigration controls. The DHS rules were originally scheduled to commence on September 15, but Judge Saylor has set a further hearing for October 2 to consider the case in more depth. Until then, the existing visa policies remain in place.
