Attorney General Clark Joins Coalition Opposing Trump Administration's Proposed Rule to Restrict Length of International Student Visas

Attorney General Charity Clark today joined a coalition of 16 attorneys general in opposing the U.S. Department of Homeland Security's (DHS) proposal to limit international students to a fixed four-year visa period and restrict their ability to transfer schools or change academic programs. Nationally, only 34% of all college students complete their undergraduate degrees within four years. Graduate and doctoral programs often require seven or more years to complete their degree, meaning candidates would need at least one extension of their visa; this would leave these students to face a complex and expensive process to obtain permission to remain in the country, placing their academic and professional futures at serious risk.

DHS's own estimates show that the rule would cost U.S. institutions nearly $90 million. Even without the proposed rule, NAFSA reports a projected decline of $7 billion to the economy because of already implemented visa restrictions, leading to an anticipated loss of 60,000 jobs nationwide.

Under current regulations, international students are allowed to remain in the United States as long as they maintain full-time enrollment in a college or university. With this proposed rule, DHS seeks to replace this flexible system with a rigid four-year limit, shorten the departure grace period from 60 to 30 days, and require DHS approval for school transfers or changes in study. DHS claims the rule is intended to combat fraud, yet it inappropriately fails to explain how eliminating the duration of status will address those concerns. Instead, these burdensome restrictions will discourage international students from applying to U.S institutions, increase deportation risks, and create costly administrative hurdles.

Further, the rule would reduce tuition revenues that help fund programs for in-state students and weaken the ability of U.S. schools to compete globally. Limiting international students' ability to study in the U.S. will only undermine the health of Vermont's economy, contributing to fewer course offerings, student services, academic support, and housing services for both international and American students.

In the comment letter, Attorney General Clarkand the coalition assert:

• The proposed rule is arbitrary and capricious in violation of the Administrative Procedure Act.
• There will likely be a chilling effect on international student applications, significantly impacting the budgets of American educational institutions and state economies.
• Without the contribution of international students, the quality of the education provided to American students would decrease.
• The 30-day comment period for the proposed rule is procedurally deficient.

Attorney General Clarkjoins the attorneys general of California, Colorado, Connecticut, District of Columbia, Hawai'i, Illinois, Maine, Massachusetts, Minnesota, New Mexico, New Jersey, New York, Nevada, Oregon, and Washington in filing the letter.

A copy of the letter can be found here.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171