US Court Halts Proposed Regulations for International Students

A federal judge in the United States has issued a ruling to block a proposed regulation aimed at imposing strict limits on the duration of stay for international students, exchange visitors, and representatives of foreign media. Judge F. Dennis Saylor IV of the District of Massachusetts granted an injunction just hours before the regulation was due to take effect on 15 September 2026. The ruling responds to concerns raised by several organisations, including NAFSA: Association of International Educators, regarding the potential negative impacts of the new policy. The Department of Homeland Security (DHS) published the rule in July, which intended to replace the existing 'duration of status' system. This system previously allowed foreign students and exchange visitors to stay in the US for as long as they maintained their enrolment or programme, without a fixed time limit.

Under the new regulation, F and J visa holders would have been granted a maximum stay of four years, with a 30-day departure period afterwards. Those who needed longer to complete their studies or training would have had to seek an extension through US Citizenship and Immigration Services. Additionally, journalists on I-class visas would have been permitted to stay for a maximum of 240 days, with potential extensions.

In his 48-page ruling, Judge Saylor noted that the government did not adequately consider public input during the rule-making process or explore alternative options, in violation of the Administrative Procedure Act. He remarked, "The government’s contention that the rule is necessary to safeguard national security borders on the absurd." He also highlighted that the rationale provided for the regulation did not establish a clear link to its purported aims of enhancing national security, as it was based on limited anecdotes that the new rule would not effectively address.

The attorney also pointed out that this regulation would reverse nearly 50 years of policy allowing international students to remain in the US until they complete their studies. Advocacy groups and higher education institutions have raised alarms about the regulation, citing concerns it could deter students from choosing US colleges and universities. Miriam Feldblum, president and CEO of the Presidents’ Alliance on Higher Education and Immigration, expressed her relief at the decision, stating it acknowledges the significant harm that such a rule could inflict.

As the legal proceedings continue, a status conference is scheduled for 2 October 2026. The outcome of this case could have far-reaching implications for future policies regarding international students and their ability to study in the United States.