US judge postpones new visa rules for foreign students, journalists

A US federal judge postponed the implementation of new visa rules imposed by the Trump administration, which would have restricted the length of time foreign students and journalists could study or work in the United States. District Judge Dennis Saylor issued a preliminary injunction on Monday, one day before the new rules were set to take effect from the Department of Homeland Security (DHS).

The proposed rules would have allowed foreign students to stay for a maximum of four years, instead of the previous duration of studies, and limited journalists to stays of 240 days, or eight months, with extensions of similar duration. Chinese journalists would have been permitted just 90 days, with 90-day extensions. The lawsuit challenging the visa restrictions was filed by unions representing universities, teachers, and journalists.

Saylor put the implementation on hold without ruling on the merits of the case and scheduled a further hearing for October 2. In his decision, Saylor expressed skepticism about the visa restrictions, noting that the current system has facilitated tens of millions of foreign students coming to the US, leading to groundbreaking research, economic growth, and other benefits.

The judge criticized the Department of Homeland Security (DHS) for seeking to replace the existing system with one that would significantly restrict the number of foreign students, researchers, professors, and journalists. He warned that under the new rules, DHS denials of visa extensions would be entirely discretionary and unappealable.

The judge highlighted the potential for abuse, particularly for foreign journalists critical of the government or DHS officials. DHS had cited national security concerns as the justification for the restrictions, but the judge dismissed this argument as "absurd" and based on scant evidence. The visa restrictions were part of a larger immigration crackdown by President Donald Trump, including aggressive enforcement in major cities and new limits on pathways to citizenship.

The United States had welcomed more than 1.1 million international students in the 2023-24 academic year, a record high.