US judge blocks new foreign stay limits

SAN FRANCISCO — A US federal judge on Monday blocked a Trump administration rule that would impose fixed limits on how long foreign students, exchange visitors and representatives of foreign media may stay in the United States.

Judge F. Dennis Saylor IV of the District of Massachusetts granted the plaintiffs' request to postpone the rule's effective date under Section 705 of the Administrative Procedure Act. The rule was scheduled to take effect on Tuesday.

The rule, published by the US Department of Homeland Security in July, would have replaced the "duration of status" system for F-class academic students, J-class exchange visitors and I-class foreign media representatives with fixed periods of admission.

Under the rule, F and J nonimmigrants would generally be admitted for the duration of their academic or exchange programs, subject to a maximum of four years, followed by a 30-day departure period. Those needing additional time would need to apply to US Citizenship and Immigration Services for an extension.

I-class foreign media representatives would be admitted for the period necessary to complete their activities or assignments, for no more than 240 days at a time, with extensions available.

Several higher education and labor organizations filed a lawsuit on Aug 18 seeking to block the rule.

Rationale questioned

Saylor said the DHS had based the policy on "exceptionally weak" rationales, citing national security and fraud concerns. He said the agency had failed to consider concerns about the policy change or less burdensome alternatives.

The judge noted that about 1.6 million people hold F visas and another 500,000 hold J visas. Major US research universities have large numbers of foreign students, particularly at the graduate level.

Saylor said the rule could lead to enrollment declines and hundreds of millions of dollars in costs for major universities if implemented. He also said the longstanding system had allowed tens of millions of foreign students and researchers to study and work in the United States over nearly five decades, contributing to research and economic growth.

DHS General Counsel James Percival said the decision would require US Immigration and Customs Enforcement to continue allowing what he described as "rampant abuse" of the immigration system.

XINHUA-AGENCIES