Universities sue DHS over four-year visa cap

Nearly 600 colleges and universities, led by the Presidents' Alliance, sued the Department of Homeland Security in Massachusetts federal court Tuesday over a new rule capping F-1 and J-1 student and journalist visas at four years, replacing the prior standard that let students stay for the length of their program. The rule takes effect Sept. 15 and will cost at least $443 million to implement; students needing longer will have to apply for extensions.

The plaintiffs' 81-page complaint says DHS pushed the rule through despite roughly 22,000 public comments warning it would deter enrollment, overwhelm immigration services, and disrupt federally funded research, and that the agency quantified billions in costs while listing zero quantified benefits. International students contribute about $43 billion to the U.S. economy annually, according to plaintiff NAFSA.

DHS had announced the cap in July as closing a 'loophole' letting foreign students and journalists stay indefinitely. A DHS spokesperson responded to the lawsuit by calling the reaction 'performative outrage' and suggesting media coverage should instead thank the president for cracking down on fraud.

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