US Judge Blocks New Visa Limits For Foreign Students, Journalists

A US federal judge has temporarily stopped the implementation of new visa rules proposed by the Donald Trump administration that would place tighter limits on the length of stay for foreign students and journalists.

District Judge Dennis Saylor issued a preliminary injunction on Monday, just a day before the Department of Homeland Security (DHS) was due to begin enforcing the new rules.

The proposed policy would change the way foreign students and journalists are admitted into the United States. International students would be allowed to stay for a maximum of four years, after which they would need to apply for an extension. Under the existing arrangement, students can generally remain in the country for the period required to complete their studies.

Foreign journalists would face a shorter admission period of 240 days, or about eight months, although they could seek extensions for another similar period. The previous system allowed them to stay for up to five years.

Journalists from China would face an even shorter initial stay of 90 days, with the option of applying for 90-day extensions.

The proposed changes were challenged in court by a coalition of unions representing universities, teachers and journalists. The groups argued against the restrictions and sought to prevent the government from implementing them.

Saylor’s ruling has placed the new policy on hold without determining whether the rules are ultimately lawful. The judge scheduled another hearing for October 2 to consider the case further.

In a memorandum accompanying the order, Saylor raised concerns about the possible effects of the proposed visa system on international students, researchers, academics and journalists.

He noted that the existing system had allowed millions of foreign students to study in the US and had contributed to research in science, medicine and technology, as well as economic development.

The judge also questioned the proposed process for visa extensions, particularly the level of discretion that would be given to DHS officials. Under the new arrangement, applications could be rejected at the discretion of immigration officials, with limited or no opportunity for applicants to challenge the decisions.

Saylor expressed concern that the system could allow officials to abruptly end the academic, research or teaching activities of non-US citizens.

He also raised concerns about foreign journalists, saying the lack of an appeal process could create room for decisions based on political considerations. He warned that journalists who publish reports critical of the US government or DHS officials could face difficulties securing visa renewals.

The DHS had defended the proposed restrictions on national security grounds when introducing the policy. However, Saylor questioned the strength of the government’s justification, describing the argument as largely based on a limited number of individual cases.

The proposed visa changes form part of the wider immigration policies being pursued by the Trump administration, which include tougher enforcement measures and restrictions affecting several legal immigration pathways.

The US remains the world’s leading destination for international students. More than 1.1 million international students were enrolled in the country during the 2023-24 academic year, according to official figures.