Federal Judge Halts Rule That Would End Duration of Status for International Students
A federal judge issued a preliminary injunction on September 14, blocking a rule that would have ended the duration-of-status policy for international students. The judge ruled that the lawsuit challenging the rule is likely to succeed and that colleges would suffer immediate irreparable harm if the rule took effect. The court rejected both justifications offered by the government in defense of the rule.
Judge F. Dennis Saylor issued the 48-page preliminary injunction on September 14, one day before the rule was set to take effect. He found the government's national security justification "borders on the absurd" and noted DHS barely altered the rule despite receiving roughly 22,000 comments, most opposing it. The injunction pauses the rule while litigation proceeds, with the next hearing scheduled for October 2.
Separately, the proposed OPT fee rule cleared White House regulatory review on September 11, moving it closer to public release. Speculation about a possible $100,000 fee remains unconfirmed; DHS has not disclosed amounts, who would pay, or whether STEM OPT would differ. The rule was not listed on DHS's July regulatory agenda.
This ruling could provide temporary stability for international students and universities facing enrollment uncertainty, but the underlying policy battles remain unresolved. Colleges may see the injunction as a reprieve while still preparing for potential fee increases or status changes. Broader immigration debates, framed partly around job markets for Americans without degrees, could shape how these policies evolve. Students and institutions may face continued unpredictability as litigation and rulemaking proceed.