Dear Erica,
What a historic week for NAFSA! On Tuesday, August 18, NAFSA and the Presidents’ Alliance on Higher Education and Immigration led a coalition of six other organizations in filing a complaint and a motion for preliminary injunction that challenges the Department of Homeland Security’s (DHS) final rule ending the Duration of Status framework for international students, exchange visitors, and representatives of foreign media. The plaintiffs include the American Federation of Teachers and unions that represent automobile, aerospace, agricultural and journalists—all who stand to be harmed by the loss of D/S.
Filed in the U.S. District Court for the District of Massachusetts, the suit argues that the final rule violates the Administrative Procedure Act because DHS failed to: adequately assess its costs and benefits; meaningfully respond to public comments; consider less burdensome alternatives; or justify the rule based on its stated objectives. We also argue DHS Final Rule exceeds its statutory authority by attempting to rewrite immigration law through regulatory action.
The suit makes clear that ending D/S in favor of a fixed admission period of no more than four years unless an extension is granted by USCIS will create significant uncertainty and administrative burdens for international students, exchange visitors, and the institutions that support them. The rule’s changes will 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—at great harm to the United States.
Be sure to read our joint press release for more on the case and the plaintiffs’ perspectives, and bookmark our resource page on the litigation for the latest updates, plus links to the filed legal documents. Important note: even though our preliminary injunction asks the court to immediately halt the rule’s implementation, institutions should absolutely prepare for the September 15 effective date. Our D/S portal continues to be a handy hub for resources on how to do so.
Placing academic and administrative decisions in the hands of USCIS is especially problematic when you consider new immigration filing trends data from the American Immigration Council that shows “a broad slowdown in immigration processing at USCIS, with fewer applications being processed, persistently large backlogs, rising denial rates, and substantially longer wait time for decisions.” Read this blog post for more.
ICYMI: the August 11 letter led by U.S. Senator Alex Padilla (D-CA) urging Secretary of State Marco Rubio to prioritize visa processing for international students and exchange visitors drew a total of 30 senate signatures. This is a welcome sign of senate leadership and support coalescing around a fundamental issue at the heart of the United States’ ability to welcome international talent. Keep the messages of thanks to the signatories coming! Read Senator Padilla’s press release for a full list of signatories and if you are a constituent of any of them, please use our link below to send a message of appreciation.
WHAT YOU CAN DO:
Thank you kindly. We're in this together!
Best,
Erica
Erica Stewart
Senior Director, Advocacy & Strategic Communications
NAFSA: Association of International Educators
