Federal judge temporarily blocks proposed four-year student visa cap

A federal judge temporarily blocked a Trump administration rule that would have imposed a four-year cap on international student visas on Monday, just one day before it was set to take effect.

If implemented, the Department of Homeland Security policy would apply to students, researchers, professors, foreign press representatives, or other academics entering or reentering the United States — including those at Penn. In a Monday motion, United States District Judge F. Dennis Saylor IV wrote that the federal government’s rationale was “exceptionally weak.” 

“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-U.S. citizen for no reason or any reason,” Saylor wrote in the memorandum.

Rudie Altamirano, executive director of Penn International Student Services, told The Daily Pennsylvanian that he communicated with community members about the update on Monday. 

Last October — when the department first proposed the fixed visa length policy — the University sent a letter to the DHS outlining “unnecessary negative consequences” associated with the proposal. 

In the filing, Penn administrators wrote that the fixed-term rule, which would replace the longstanding “Duration of Status” policy, “is incompatible with the realities of the American system of educating international students,” given that many students enroll in programs longer than four years.

“The performative outrage is incredible,” a DHS spokesperson wrote in a statement. “Where was the outrage when foreign nationals were abusing the system, violating the terms of their student visas, and making a mockery of our immigration laws?” 

The fixed visa length system, which was formally introduced in July, was set to take effect on Tuesday. Under the policy, individuals who need time beyond their authorized admission period would be required to apply for an Extension of Stay.

In the Sept. 14 memo, Saylor wrote that the “weakness of the connection” between the rule and its purpose “raises legitimate questions as to whether its real purpose is not to safeguard national security and protect our borders, but to achieve other, undisclosed, goals.” 

“If the media really cared about legitimate international students,” the DHS spokesperson argued, “They would be thanking President Trump for cracking down on the rampant fraud to ensure only those truly intending to study in the United States are given the privilege.”

“Students and scholars should continue to follow the existing requirements applicable to their immigration status,” Altamirano wrote in a statement. “ISSS will continue to monitor developments closely and provide additional information and guidance to our international community as appropriate.” 

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