A Trump administration policy that restricts the number of years international students can study in the United States is being challenged in court by several nonprofits and unions, who say that changes to the current system would weaken its competitive edge in recruiting talent and producing research.
In a lawsuit filed in federal court in Boston, plaintiffs are attempting to prevent changes to the “duration of status” visa policy, which are set to take effect Sept. 15.
Under this long-standing policy, international student visas were valid as long as the student was enrolled in a course. The new changes, which were announced in July, cap the length of visas at four years and require students to ask for an extension beyond that. The changes also impact visiting scholars and journalists.
In the 81-page complaint, the group said the change will result in a loss of opportunity, talent, and economic contribution from universities in favor of an “arbitrary fixed end date.” The plaintiffs also argued the Trump administration did not respond meaningfully to the 22,000 public comments submitted online in response to the rule change or consider less burdensome alternatives.
The group, which includes the Association of Independent Colleges and Universities in Massachusetts, also filed a motion for a preliminary injunction that would immediately suspend the rule change before it goes into effect in a few weeks. The lawsuit is filed against the Department of Homeland Security, Immigration and Customs Enforcement, and both Homeland Security Secretary Markwayne Mullin and and David Venturella, acting director of ICE.
In a statement in response to the lawsuit, a spokesperson for DHS said “the performative outrage is incredible.”
“Where was the outrage when foreign nationals were abusing the system, violating the terms of their student visas, and making a mockery of our immigration laws?” the statement said.
After the policy change was announced last month, leaders in higher education said the rule would particularly upend graduate studies, a leading area of competitive research in the United States. On average, most PhD programs take over five years to complete.
The rules also restrict students from changing courses of study or transferring schools without approval.
In a declaration filed in court, Boston University provost Colin Duckett said the proposed rule change would be “highly detrimental to the university” and impact all facets of the school — from labs that conduct targeted immunotherapy research for cancer treatments to the staffing of undergraduate classes.
The proposed changes would also affect the recruitment of international students, of which 12,000 were enrolled at BU in 2024-2025, and prohibit visa holders from enrolling in dual degree programs, like a joint master’s in business administration and doctor of medicine, according to Duckett.
Decisions regarding educational programs would be made by immigration officers under the new policy, who must approve extensions, requests to transfer schools or courses of study, rather than campus administrators, said Miriam Feldblum, the president and chief executive of the Presidents’ Alliance on Higher Education and Immigration, a plaintiff in the lawsuit.
“If you don’t have a predictable pathway with the ability to have your academic program guide you, and not be reliant on an uncertain immigration officer determination, then you’re less likely to to come here,” said Feldblum.
A decline in international student enrollment would be felt acutely in Massachusetts. According to research from NAFSA: Association of International Educators, another plaintiff in the lawsuit, nearly 85,000 international students contribute $3.6 billion to the local economy.
Projections for next year indicate a 10 percent drop in international admissions, which includes a 21 percent decline in doctoral applications. These losses are estimated to hurt the Massachusetts economy by $284 million, according to NAFSA.
Rob McCarron, president and chief executive of AICUM, a nonprofit that represents private and independent colleges and universities in the Massachusetts, said the visa change “creates a tremendous risk for the state and its economy.”
“It’s a policy that needlessly injects uncertainty into something that is so important to Massachusetts,” he said.
This is not the first case where AICUM and the Presidents’ Alliance have challenged the Trump administration. Last year, the two nonprofits filed a lawsuit after a mass termination of student visas.
Feldblum said the visa changes are not the only factor driving a decline in enrollment for international students. Previous visa revocations and a current processing delay ahead of the upcoming school year are also contributing. In previous years, the State Department prioritized student and exchange visitor visas from May through August. This year, with the FIFA World Cup, the priority was shifted to ticket holders.
“It’s not that these are isolated policies, but the policies reverberate against each other,” Feldblum said. “It’s creating a really volatile, unstable environment.”
Michaela Towfighi can be reached at michaela.towfighi@globe.com. Follow her on X @michaelatowfghi.