US judge defers new visa rules, calls DHS rationale ‘absurd’: What it means for students

U.S. District Judge F. Dennis Saylor IV in Massachusetts temporarily blocked a Department of Homeland Security regulation that sought to replace the nearly five‑decade‑old duration‑of‑status system for foreign students, exchange visitors and journalists. The judge ruled that the government had failed to adequately justify the rule under the Administrative Procedure Act and described its national‑security rationale as bordering on absurd.

The contested rule, finalized by DHS in July, would have limited foreign journalists to 240 days in the United States and imposed a 90‑day cap on journalists from China. It also required any extension beyond a four‑year limit for students, such as those in doctoral programs, to receive DHS approval rather than relying on the existing status‑based allowance. The injunction was issued a day before the policy was set to take effect, and it applies broadly because the plaintiffs—representing roughly 600 public and private institutions—could not be the sole beneficiaries in a system that serves over 5,000 U.S. higher‑education institutions.

Under the current system, holders of F‑1 visas may remain for the full length of their academic program provided they maintain enrollment, a provision that accommodates PhD tracks often lasting six years or more. Harvard University President Alan Garber had previously warned that a rigid four‑year limit would be unrealistic for many doctoral candidates. By pausing the new rule, the court maintains the status quo, granting immediate certainty to international students, many of whom are Indian nationals, while the broader legal challenge proceeds.