Advocacy Groups Sue Federal Government Over Visa Rule for Foreign Students

By Chris Summers
Chris Summers
Chris Summers
Chris Summers is a UK-based journalist covering a wide range of national stories, with a particular interest in crime, policing and the law.
August 19, 2026Updated: August 19, 2026

The federal government is being sued by a coalition of unions and advocacy groups seeking to block a rule ‌that will limit how long foreign students and journalists can remain in the United States without applying for extensions.

The new rule from the Department of Homeland Security (DHS) creates a fixed time ​period for F visas for international students, J visas that allow visitors ​on cultural exchange programs to work in the United States, and I visas ⁠for members of the media. Those visas are currently available for the duration ​of the program or employment in the United States.

Last month, DHS said it was removing what it called a loophole that allowed foreign media representatives, students, and exchange visitors to stay in the United States “indefinitely without routine government oversight.”

“For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S.,” DHS Secretary Markwayne Mullin said in a July 16 statement.

Under the new regulations, set to take effect on ​Sept. 15, student and exchange visa periods would be no ‌longer than four ⁠years. Visa stays for journalists, which currently can last for years, would be limited to 240 days or, for Chinese nationals, 90 days.

In the lawsuit, filed in the U.S. District Court for the ​District of Massachusetts on Aug. 18, the groups said the changes would be “catastrophic” ‌for ⁠universities, international students, and scholars.

“They will discourage foreign students and other nonimmigrants from coming to the United States, repelled by ​the intolerable prospect of ​losing lawful immigration ⁠status partway through their studies,” the groups said in the complaint.

“Students will lose opportunities, schools will lose talent, and the public will lose billions of dollars of economic contributions supported by one of the United States’ top exports: education.”

Changes ‘Will Disrupt Educational Pathways’

The Presidents’ Alliance on Higher Education and Immigration is one of the plaintiffs in the lawsuit.

Its president and CEO, Miriam Feldblum, said in a statement that the changes would upend a longstanding framework that allows international students to study in the United States lawfully.

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Students from Columbia University’s School of International and Public Affairs graduate on May 22, 2014. (Allen Xie/Epoch Times)
“By placing time limits that do not align with actual program lengths or students’ educational needs and shifting crucial academic decisions from institutions to immigration officials, the rule will disrupt educational pathways, impose significant new burdens on colleges and universities, and make the United States less competitive as the premier destination for global talent,” Feldblum said.

Other plaintiffs include NAFSA: Association of International Educators, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers, the Graduate Labor Organization, AFT Local 6516, The NewsGuild-CWA, the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, and United Auto Workers Local 2322.

Jon Schleuss, president of The NewsGuild-CWA, said the rule change to the media visa was an attempt “to chill reporting done by talented journalists.”

“Our democracy depends on journalism and journalism dependents [sic] on journalists of all stripes,” Schleuss said in a statement. “We are proud to stand with other partners and fight these illegal rule changes intended to weaken our democracy.”

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U.S. Secretary of Homeland Security Markwayne Mullin speaks during a news conference in the Eisenhower Executive Office Building in Washington, on July 17, 2026. (Anna Moneymaker/Getty Images)
A DHS spokesperson said the lawsuit was “performative.”

“If the media really cared about legitimate international students, 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,” the spokesperson said.

Reuters contributed to this report.