The Trump administration's plan to limit the stay of international students and foreign journalists was halted by a federal court just one day before it was set to take effect. This decision has provided relief to over 10,000 South Korean students in the United States.
On September 14, U.S. District Judge Dennis Saylor in Boston issued a preliminary injunction to temporarily block the Department of Homeland Security's (DHS) new regulations, following a lawsuit filed by labor unions and education and immigration advocacy groups.
The new regulations were scheduled to take effect on September 15, but the court's ruling has put them on hold. A substantive ruling on the legality of the regulations has yet to be made, with further hearings scheduled for October 2.
Judge Saylor criticized the DHS for providing weak justifications for the policy changes. While the DHS cited national security and visa fraud prevention as reasons, the court found that the agency had not adequately considered the potential negative consequences of the changes or alternative solutions.
The contested regulations would eliminate the 'Duration of Status' (D/S) system that has applied to international students (F visas), exchange visitors (J visas), and foreign journalists (I visas). Under the existing system, individuals could remain in the U.S. as long as they continued activities related to their visa purposes, such as study, research, or reporting, without needing to apply for an extension. The new rules would limit F and J visa holders to a maximum stay of four years, while I visa holders would be restricted to 240 days. To remain in the U.S. beyond these limits, individuals would need to apply for an extension with U.S. Citizenship and Immigration Services (USCIS).
Plaintiffs argued that these changes would discourage long-term academic and research activities for students and researchers, potentially hindering U.S. universities' ability to attract international talent. Concerns were also raised that foreign journalists would face repeated extension reviews, compromising their independence in reporting.
Judge Saylor, appointed by former President George W. Bush, noted that the Trump administration's actions would overturn a system that has been in place for nearly 50 years. He emphasized that the existing system has allowed millions of international students and researchers to contribute to research and economic growth in fields such as science, medicine, and technology.
Currently, there are approximately 1.6 million F visa holders, 500,000 J visa holders, and 37,000 I visa holders in the U.S. Among them, South Korean students are significant in number. According to the South Korean Embassy in the U.S., there were 11,861 F-1 visa students and 1,347 F-2 dependents last year. Additionally, there were 7,985 J-1 exchange visitors and 3,180 J-2 dependents, along with 349 I visa holders.
Judge Saylor specifically pointed out that major research institutions like the Massachusetts Institute of Technology (MIT) and Harvard University have a high proportion of foreign graduate students. He warned that if the new regulations were implemented, enrollment could decline, leading to hundreds of millions of dollars in additional costs. He stated, "The potential damage to the U.S. higher education system and economy could be catastrophic."
* This article has been translated by AI.
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