Coalition Sues to Block Rule Ending Duration of Status for International Students

A coalition of eight higher education and journalism organizations sued the Department of Homeland Security on August 18, 2026, seeking to vacate a rule that would cap international student visa stays at four years and require extensions for anyone who needs longer, ending the nearly 50-year-old “duration of status” policy that let students remain until they finished their degree. Filed in federal district court in Massachusetts, the suit—brought by plaintiffs including the Presidents’ Alliance on Higher Education and Immigration, NAFSA, and the American Federation of Teachers—argues DHS violated the Administrative Procedure Act by failing to adequately weigh the rule’s costs against its benefits and by not substantively responding to the roughly 22,000 public comments it received, the vast majority in opposition. The complaint also challenges new restrictions barring students from transferring programs or beginning a new course of study at the same or lower level than one they’ve already completed. Inside Higher Ed reports that the plaintiffs are seeking a preliminary injunction before the rule takes effect September 15, warning that some institutions are already seeing declines in international applications and fall 2026 withdrawals; NAFSA has estimated the broader enrollment drop could cost the U.S. economy $3.4 billion.