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U.S. Judge Temporarily Blocks DHS Visa Limits for International Students and Journalists

U.S. Judge Temporarily Blocks DHS Visa Limits for International Students and Journalists
US President Donald Trump has cracked down on several types of visas and immigration categories (SAUL LOEB)

District Judge Dennis Saylor issued a preliminary injunction blocking DHS rules that would cap student visas at four years and limit foreign journalists to 240 days (Chinese journalists: 90 days). The injunction pauses implementation while a lawsuit by university, teacher and media unions proceeds. Saylor criticized DHS's national security rationale and warned the rules would create discretionary, unappealable denials that risk abuse. A further hearing is set for October 2.

A U.S. federal judge on Monday issued a preliminary injunction halting new Department of Homeland Security (DHS) visa rules that would sharply limit how long foreign students and journalists can remain in the United States. The order, issued by District Judge Dennis Saylor, came one day before the rules were set to take effect and pauses implementation while the court considers a legal challenge.

What the Proposed Rules Would Do

The DHS proposal would:

  • Limit most student visas to a maximum initial admission period of four years, after which students would need to apply for extensions (previously students could stay for the full duration of their programs).
  • Cap stays for foreign professional journalists at 240 days (roughly eight months), with the option to apply for additional 240-day extensions; under current practice, journalists could remain for up to five years.
  • Subject Chinese journalists to even shorter initial stays of 90 days, with 90-day extensions.

Legal Challenge and Judge's Concerns

A coalition of unions representing universities, teachers and journalists challenged the new rules in court, arguing they would harm higher education, research and press freedom. Judge Saylor granted the temporary block without ruling on the merits and scheduled another hearing for October 2.

“Rather than attempt to improve that system, DHS elected to replace it with a new program that will substantially restrict the overall number of foreign students, researchers, professors, and journalists,” Saylor wrote. He also warned that the new rules would make denials “entirely discretionary and unappealable.”

The judge criticized DHS's national security justification as relying on a small number of anecdotes and described that rationale as bordering on the absurd. He warned that giving DHS officials broad, unreviewable discretion to deny or cut short visas raises a serious risk of abuse — including the possibility that visas for journalists critical of government agencies could be allowed to lapse with no appeal.

Context

The proposed restrictions are part of a broader set of immigration policies associated with the Trump administration that emphasize tougher enforcement and narrower legal pathways. Official data show the United States hosted more than 1.1 million international students in the 2023–24 academic year, more than any other country.

At this stage, the injunction only pauses implementation; the underlying lawsuit will proceed as the court considers whether the DHS rules are lawful. A further hearing is scheduled for October 2.

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