A U.S. District Judge in Massachusetts has temporarily blocked a Trump administration rule that would have imposed fixed stay limits on foreign students, exchange visitors, and foreign media representatives. Judge F. Dennis Saylor IV issued the ruling on Monday, one day before the Department of Homeland Security (DHS) was scheduled to implement the policy on Tuesday.
The blocked rule, unveiled in July, sought to replace the existing duration of status
system with fixed periods of admission. Under the proposed guidelines, nonimmigrants on F visas (academic students) and J visas (exchange visitors) would generally be admitted for the duration of their programs, capped at a maximum of four years, followed by a 30-day departure period. Those requiring more time to complete their training or studies would be required to apply to U.S. Citizenship and Immigration Services for an extension.
Judicial Findings and Rationale
In his memorandum, Judge Saylor described the federal government’s rationale for the rule as exceptionally weak
and stated that the claim that the rule was necessary for national security borders on the absurd
. He noted that the government’s argument relied almost entirely on a few anecdotes involving incidents that the new rule would not prevent or mitigate.
The judge further observed that the weakness of the connection
between the rule and its stated purpose raised questions about whether the real goal was undisclosed rather than safeguarding borders. Saylor highlighted that the “duration of status” system has been in place since 1978, facilitating the arrival of tens of millions of researchers and students and contributing to substantial economic growth and groundbreaking research in technology, medicine, and science.
Saylor also expressed concern that a DHS official would have the power to terminate the academic or teaching activities of any non-U.S. citizen for no reason or any reason
, based on vague criteria and without the possibility of appeal.
Impact on Foreign Nationals
The rule would have affected a wide range of nonimmigrants, including professors, researchers, and students. For foreign journalists (I-class representatives), the rule would have limited initial stays to 240 days, with extensions of up to an additional 240 days available.
According to the Korean Embassy in Washington, the rule was expected to affect more than 13,000 Koreans in the U.S. Data from 2025 indicates the following Korean visa holders:
- F-1 Students: 11,861 (accompanied by 1,347 family members on F-2 visas)
- J-1 Exchange Visitors: 7,985 (accompanied by 3,180 family members)
- I Visa Holders: 349
Government Defense and Legal Challenges
The DHS defended the rule as a necessary crackdown on visa abuse
. DHS Secretary Markwayne Mullin stated in July that the change would close a loophole
that allowed some foreign students to avoid leaving the U.S. by perpetually enrolling in courses
. James Percival, general counsel for the department, criticized the ruling on X, arguing that without the rule, individuals could stay for decades by taking only one class per semester.
A DHS spokesperson dismissed Judge Saylor’s opinion as performative outrage
and argued that the administration was cracking down on rampant fraud
to ensure only those truly intending to study are granted the privilege of entry.
The ruling follows a lawsuit filed on August 18 by a coalition of organizations, including the American Federation of Teachers, the NewsGuild-CWA, NAFSA: Association of International Educators, the Presidents’ Alliance on Higher Education and Immigration, and the United Auto Workers Local 2322. Additionally, administrators at the University of Pennsylvania had previously warned the DHS that fixed-term rules are incompatible with the realities of the American system of educating international students
because many programs exceed four years.
Other Proposed Immigration Changes
Separately, the Trump administration has proposed removing the up-to-60-day grace period that allows certain employment-based visa holders to remain in the U.S. after losing their jobs. This proposal targets several classifications, including H-1B, L-1, O-1, TN, E-1, E-2, E-3, and H-1B1 visas and their dependents. If finalized, these workers would generally be required to leave the U.S. immediately upon the end of their employment, unless otherwise authorized to stay.
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