1 day ago
Judge Blocks Trump Administration Visa Restrictions for Foreign Visitors
A U.S. government agency made a rule to limit how long some foreign visitors could stay.
The rule covered students, journalists and exchange visitors.
A federal judge stopped the rule before it began.
The judge said the government had not given strong enough reasons for the restrictions.
He also worried the rule could badly hurt American schools and the economy.
The rule would have allowed students and exchange visitors to stay for up to four years.
Journalists would have faced shorter limits, including an even shorter limit for Chinese journalists.
The Department of Homeland Security disagreed with the judge.
The case will continue while the rule remains blocked nationwide.
U.S. District Judge F. Dennis Saylor temporarily blocked a Trump administration rule limiting stays for foreign students, journalists and exchange visitors.
The nationwide preliminary injunction was issued Monday, one day before the rule was scheduled to take effect on September 15.
The rule would have limited student and exchange-visitor stays to four years and journalist stays to 240 days, or 90 days for Chinese journalists.
The Department of Homeland Security cited national security and visa-fraud concerns, but Saylor called the rationales “exceptionally weak.”
DHS General Counsel James Percival criticized the decision, while the judge warned of potentially “catastrophic” damage to higher education and the U.S. economy.
- Who
- U.S. District Judge F. Dennis Saylor, the Department of Homeland Security, DHS General Counsel James Percival, and a coalition of unions and higher-education advocacy groups.
- What
- A federal judge issued a preliminary injunction blocking a Trump administration rule that would have capped stays for foreign students, journalists and exchange visitors.
- Where
- Federal court in Boston, Massachusetts; the injunction applies nationwide.
- When
- Monday, one day before the rule was scheduled to take effect on Tuesday, September 15.
- Why
- The government cited national security and visa-fraud concerns, while Judge Saylor found the stated rationales exceptionally weak and warned of serious damage to higher education and the U.S. economy.
Court challengers and higher education
Trump administration and DHS
Need for the restrictions
Court challengers and higher education
Judge Saylor rejected the government’s stated national-security and visa-fraud rationales as “exceptionally weak.”
Trump administration and DHS
The Department of Homeland Security said the restrictions were needed to protect national security and prevent fraud in the visa program.
Effect on education and the economy
Court challengers and higher education
Saylor said the existing duration-of-status system supported research, higher education and economic growth, and warned that the rule’s effects could be “catastrophic.”
Trump administration and DHS
DHS General Counsel James Percival argued that the existing system could allow students to remain in the United States for decades while taking only one class per semester.
Treatment of journalists
Court challengers and higher education
The judge raised concerns that visas for foreign journalists critical of the government might not be renewed under the new policy.
Trump administration and DHS
The rule set specific stay limits for journalists, including 240 days generally and 90 days for Chinese journalists; the articles do not provide a separate DHS response to the judge’s concern.
Key facts
- Judge
- F. Dennis Saylor, U.S. District Judge in Boston
- Blocked policy
- A Trump administration rule capping stays for foreign students, journalists and exchange visitors
- Student and exchange-visitor limit
- Four years
- Journalist limit
- 240 days generally; 90 days for Chinese journalists
- Court action
- A nationwide preliminary injunction temporarily blocked implementation
- Plaintiffs
- A coalition of unions and higher-education advocacy groups representing nearly 600 public and private institutions
- Government rationale
- National security and preventing fraud in the visa program
Quotes
F. Dennis Saylor
US District Judge in Boston who blocked the DHS rule
“The damage to the higher education system and to the economy of the United States is likely to be catastrophic.”
wionews.com
James Percival
General Counsel of the Department of Homeland Security
“Come on a student visa, take one class per semester, and stay here for decades.”
wionews.com
Sources
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