US judge postpones new visa rules for foreign students, journalists

A US federal judge on Monday blocked implementation of a Trump administration policy that would impose stricter limits on how long foreign students and journalists can study or work in the United States.

District Judge Dennis Saylor issued a preliminary injunction one day before the new Department of Homeland Security (DHS) visa rules were due to take effect.

Under the proposed rules, foreign students on student visas would be admitted for a maximum of four years, after which they would have to apply for an extension. International students were previously allowed to remain in the United States for the duration of their studies.

Foreign journalists would be limited to stays of 240 days, or about eight months, but could apply for extensions of a similar duration. They were previously allowed to stay for up to five years.

Chinese journalists would be limited to 90-day stays, with extensions also capped at 90 days.

A coalition of unions representing universities, teachers and journalists filed a lawsuit challenging the restrictions.

Saylor put implementation of the DHS rules on hold without ruling on the merits of the case and scheduled another hearing for October 2.

In an accompanying memorandum, however, Saylor expressed scepticism about the restrictions on international students and journalists.

He said the existing system had allowed tens of millions of foreign students to study in the United States, contributing to “groundbreaking research in science, medicine, and technology, substantial economic growth, and a host of other benefits.”

“Rather than attempt to improve that system, DHS elected to replace it with a new program that will substantially restrict the overall number of foreign students, researchers, professors, and journalists,” he wrote.

The judge also criticised the proposed system for giving DHS broad discretion over visa extensions.

He said DHS decisions to deny extensions would be “entirely discretionary and unappealable”.

“A DHS official — based on limited and vague criteria, and with no possibility of appeal — will have the power to cut short the academic, research, or teaching activities of any non-US citizen for no reason or any reason,” Saylor said.

Foreign journalists denied extensions would likewise have “no recourse and no appeal”, he said.

“The possibilities for abuse are rampant — in particular, the obvious likelihood that the visas of foreign journalists who are critical of the government (or, more particularly, DHS officials) will not be renewed,” Saylor wrote.

Judge questions national security justification

DHS cited national security concerns when it proposed the restrictions, but Saylor said the argument “borders on the absurd” and was “based almost entirely on a small handful of anecdotes”.

The visa restrictions are part of a broader immigration crackdown under President Donald Trump, which includes aggressive enforcement operations in major cities and new restrictions on legal pathways to citizenship.

The United States welcomed more than 1.1 million international students during the 2023-24 academic year, more than any other country, according to official data.