Aug. 18 (UPI) — A group of university organizations and labor unions filed a federal lawsuit Tuesday challenging a new government rule that limits the time international students can spend in the United States.
The U.S. Department of Homeland Security announced the final rule last month, ending the previous “duration of status” policy for international students.
Under that rule, the United States admitted students with F-1 and J-1 visas for the duration of their status: That is, they entered to pursue a course of study and remained until they earned their chosen degree or degrees.
Students needed to maintain a required course load and comply with the general conditions of their immigration status. There are about 1.5 million students with F-1 and J-1 visas in the United States.
Under the changed policy, international students are capped at four-year stays unless they undergo a federal review to be considered for an extension. Such reviews are to include submitting biometric information and undergoing security, identity and fraud screening.
In announcing the final rule, Homeland Security Secretary Markwayne Mullin said the duration of status policy “undermined national security” and that the new rule restores the U.S. ability to “properly screen and manage those who remain in our country.”
The group filing the lawsuit Tuesday asked for a preliminary injunction stopping the new rule before it is implemented. The Presidents’ Alliance on Higher Education and Immigration (one of the parties to the lawsuit) said the Department of Homeland Security did not adequately justify or assess the rule, address public comments on it or consider better alternatives.
“These changes will create significant uncertainty and administrative burdens for international students and exchange visitors and the institutions that support them,” the Alliance said in a statement. “They will also interfere with academic decision-making, disrupt students’ educational and professional plans and undermine the ability of U.S. colleges and universities to attract and retain global talent.”
Randi Weingarten, president of the American Federation of Teachers, also a party to the lawsuit, said the new rule shows that the United States is “once again breaking the law for its own political purposes and, in doing so, is hurting Americans and American enterprise.”
“And it’s using international students — who we’ve welcomed here to help us — as its pawns,” Weingarten said. “American is a leader in cutting-edge research because generations of scientists from every corner of the globe have been free to pursue difficult questions, challenge conventional wisdom, collaborate openly and publish their findings — without political interference.”
The new rule also requires journalists with I visas to renew their status every 240 days. Jon Schleuss — the president of the NewsGuild-CWA, also a party to the lawsuit — said those visas support the important work of international journalists in the United States.
“Our First Amendment makes it clear that the United States is supposed to be a champion of a free press, not an opponent,” Schleuss said. “These rule changes are just another attempt by this administration to chill reporting done by talented journalists.”
