US judge blocks new stay limits for foreign students, journalists

A US federal judge on Monday blocked a Trump administration rule that would impose fixed limits on how long foreign students, exchange visitors and representatives of foreign media may stay in the United States.

Judge F. Dennis Saylor IV of the District of Massachusetts granted the plaintiffs' request to postpone the rule's effective date under Section 705 of the Administrative Procedure Act. The rule was scheduled to take effect on Tuesday.

The new rule, published by the US Department of Homeland Security in July, would have replaced the "duration of status" system currently applied to F-class academic students, J-class exchange visitors and I-class representatives of foreign information media with fixed periods of admission.

Under the rule, F and J non-immigrants would generally be admitted for the duration of their academic or exchange programs, subject to a maximum of four years, followed by a 30-day departure period. Those needing additional time to complete their studies, training or exchange programs would need to apply to US Citizenship and Immigration Services for an extension.

I-class foreign media representatives would be admitted for the period necessary to complete their activities or assignments, for no more than 240 days at a time, with extensions available.

Several organizations, including NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, the American Federation of Teachers, the United Auto Workers Local 2322, the NewsGuild-CWA and others, filed a lawsuit on August 18 seeking to block the rule.