NAFSA: Association of International Educators

09/03/2026 | Press release | Distributed by Public on 09/03/2026 14:24

Statement: Court Hearing on DHS Rule Ending Duration of Status for International Students

September 3, 2026
For Immediate Release

WASHINGTON, D.C. - Today, the United States District Court for the District of Massachusetts heard oral argument in the case brought by a coalition of higher education associations and unions that challenges 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. The final rule also imposes new limits on academic flow and educational mobility. The following are statements by some of the coplaintiffs:

Fanta Aw, PhD, Executive Director and CEO of NAFSA: Association of International Educators said:
"We remain steadfast in our belief that DHS's decision to end Duration of Status is a misguided and unnecessary policy shift that injects uncertainty, bureaucracy, and fear into a system that has long worked effectively. At a time when global competition for talent is intensifying, this policy is not just bad for higher education, it is bad for American innovation, economic growth, workforce development, and global leadership. Our hope is that higher education institutions and international students and scholars know that we remain committed to fighting for what is right and in the best interest of our students, our institutions, and our nation."

Miriam Feldblum, President and CEO, Presidents' Alliance, said:
"Today's hearing laid out the serious and irreparable harms this rule would cause to international students, scholars, higher education institutions, our communities, the economy, and U.S. research and innovation. It also underscored the government's failure to adequately engage in the rulemaking process at every stage. We appreciate the court's careful consideration of these issues and look forward to its ruling."

Jon Schleuss, President of The NewsGuild-CWA, said:
"I was proud to be in court today to represent our members, which include international journalists working in the U.S. We are part of a strong labor coalition, including international students and scholars, fighting recent DHS rules that shorten the duration of F, J, and I visas and undermine our right to free speech and a free press. What DHS is doing is illegal. We must stand up against a president who continually undermines our First Amendment. I never dreamed I would be spending so much time in court suing a president violating our constitution and the rule of law."

About the Lawsuit
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 on August 18 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. More about the litigation is available on the Presidents' Alliance litigation page and NAFSA's website.

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