Coalition Files Federal Lawsuit Challenging Rule Ending Duration of Status

Washington, D.C. - Today, NAFSA: Association of International Educators; the Presidents' Alliance on Higher Education and Immigration; the Association of Independent Colleges and Universities in Massachusetts (AICUM); the American Federation Of Teachers (AFT); Graduate Labor Organization, AFT Local 6516 (GLO); International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW); United Auto Workers Local 2322; and The NewsGuild-CWA filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Massachusetts challenging the Department of Homeland Security's (DHS) final rule ending the Duration of Status (D/S) framework for international students, exchange visitors, and representatives of foreign media. Plaintiffs are represented by McDermott Will & Schulte.

The complaint argues that the final rule violates the Administrative Procedure Act because DHS failed to adequately assess its costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the rule based on its stated objectives. It also alleges that DHS provided an inadequate public comment period and exceeded its statutory authority. The rule replaces the longstanding D/S framework with fixed admission periods of no more than four years and requires international students and exchange visitors to apply for extensions of stay. It also restricts students' ability to change educational objectives, transfer institutions, or pursue additional programs of study.

These changes will create significant uncertainty and administrative burdens for international students and exchange visitors and the institutions that support them. They will also interfere with academic decision-making, disrupt students' educational and professional plans, and undermine the ability of U.S. colleges and universities to attract and retain global talent.

Fanta Aw, PhD, Executive Director and CEO of NAFSA: Association of International Educators, stated:
"Ending Duration of Status and imposing new limits on academic decision-making is a solution in search of a problem. The rule will severely undermine the contributions international students make to U.S. campuses, economies, and national security. After carefully reviewing the final rule and the sweeping harm it will cause to our national interest, it is clear that litigation is warranted and necessary."

Miriam Feldblum, President and CEO of the Presidents' Alliance on Higher Education and Immigration, stated:
"This rule upends the longstanding Duration of Status framework that has allowed international students and scholars to pursue their educational programs while maintaining lawful status. By placing time limits that do not align with actual program lengths or students' educational needs and shifting crucial academic decisions from institutions to immigration officials, the rule will disrupt educational pathways, impose significant new burdens on colleges and universities, and make the United States less competitive as the premier destination for global talent. We are going to court to protect international students and scholars and to defend our member institutions' ability to educate, train, and retain them."

Robert J. McCarron, President and CEO of the Association of Independent Colleges & Universities in Massachusetts (AICUM), stated:
"More than 80,000 international students come to Massachusetts to pursue higher education, adding vibrancy and innovation to our campuses and often founding startups in Massachusetts. These students and researchers drive innovation, pursue life-changing research, and create more than $4 billion annually in economic impact in Massachusetts. The litigation seeks to ensure that such profound changes to the rules governing international students and others comply with applicable legal requirements and reaffirms that Massachusetts continues to welcome talented students and researchers from across the globe."

Shawn Fain, UAW President, stated:
"International students and scholars shouldn't have to navigate an immigration system designed to disrupt their education, research, and lives. The UAW is joining this legal action to challenge this discriminatory and short-sighted rule and proudly stands with international workers and scholars fighting for the stability and protections they deserve."

Randi Weingarten, President of AFT, stated:
"The United States once again is breaking the law for its own political purposes and, in doing so, is hurting Americans and American enterprise. And it's using international students-who we've welcomed here to help us-as its pawns. America is a leader in cutting-edge research because generations of scientists from every corner of the globe have been free to pursue difficult questions, challenge conventional wisdom, collaborate openly and publish their findings-without political interference. This latest assault on knowledge by the Trump administration arbitrarily limits how long international scholars have to complete their studies and risks turning a welcoming environment for students into a hostile one. We stand united with our higher education members, international and American alike, so they can continue to make U.S. colleges and universities the envy of the world.

Jon Schleuss, President of The NewsGuild-CWA, said:
"In addition to attacking international students and scholars, the Trump administration is again attacking journalists by also shortening the duration of I Visas, which support the important work of international journalists working in the United States. Our First Amendment makes it clear that the United States is supposed to be a champion of a free press, not an opponent. These rule changes are just another attempt by this administration to chill reporting done by talented journalists. This latest attack follows the assault of journalists by federal agents on American streets, the defunding of public media, the illegal dismantling of Voice of America and Radio Free Asia and the continued disrespect by the president. Our democracy depends on journalism and journalism dependents on journalists of all stripes. We are proud to stand with other partners and fight these illegal rule changes intended to weaken our democracy."

Michael Ziegler, Executive Director of GLO, said:
"This rule change threatens to impoverish the experience of working and studying at Brown University. It hinders international students and scholars from educating some of the country's brightest students and contributing to research of vital importance. As the old labor saying goes, 'An injury to one is an injury to all.' We refuse to remain idle as this ill-considered initiative punishes our members on F and J visas for having the temerity to enhance the quality of higher education in the United States."

To learn more about the litigation and keep up with the latest developments, visit the Presidents' Alliance litigation page, and NAFSA's website.

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NAFSA: Association of International Educators is the world's largest and most comprehensive nonprofit association dedicated to international education and exchange. NAFSA promotes policies that ensure the continued growth and impact of global learning, cultural exchange, and mutual understanding through study abroad, international student services, and campus internationalization. With a network of over 10,000 professionals in the field at more than 3,500 institutions in 150+ countries, NAFSA is committed to fostering a more globally connected and peaceful world.

The nonpartisan, nonprofit Presidents' Alliance on Higher Education and Immigration brings college and university presidents, chancellors, and their institutions together on the immigration issues that impact higher education, our students, campuses, communities and nation. We work to support immigrant, international and refugee students, and advance forward-looking immigration policies and practices at the federal level, in our states, and across our college campuses. The Alliance is composed of close to 600 college and university presidents and chancellors of public and private colleges and universities and their institutions, enrolling over five million students in 42 states, D.C., and Puerto Rico.

AICUM is an organization established in 1967 by college and university presidents that represents 54 private colleges and universities across the Commonwealth of Massachusetts. It is the leading voice on public policy issues affecting independent higher education in Massachusetts. AICUM works closely with its member institutions to address state and federal legislative and regulatory issues, and to promote increased awareness of the significant contributions that colleges and universities make to the cultural, economic, and knowledge-based reputation of Massachusetts. AICUM is headquartered in Belmont, Massachusetts.

AFT is a national labor organization headquartered in Washington, D.C., representing 1.875 million members. This includes 200,000 members who are employed in higher education as faculty, graduate students, post doctoral researchers, and professional staff, primarily in research and teaching positions. AFT has more than 400 higher education affiliates nationwide.

GLO, an affiliate of the AFT, represents more than 2,000 student workers and post-doctoral workers at Brown University.

The UAW represents more than 120,000 higher education workers at over 50 public and private institutions across the United States. Our members include Staff, Faculty, Student Workers, Researchers and Postdocs.