On August 18, 2026, a coalition of organizations filed a lawsuit in the U.S. district court in Massachusetts challenging the Department of Homeland Security’s (DHS) final rule, published in July, that replaces the “Duration of Status” (D/S) framework for F-1 international students and J-1 exchange visitors with fixed admission periods of no more than four years, and imposes fixed periods of admission for representatives of foreign media in I status.
The coalition includes NAFSA: Association of International Educators; the Presidents’ Alliance on Higher Education and Immigration; the Association of Independent Colleges and Universities in Massachusetts; the American Federation Of Teachers (AFT); Graduate Labor Organization, AFT Local 6516 (GLO); International Union, United Automobile, Aerospace and Agricultural Implement Workers of America; United Auto Workers Local 2322; and The NewsGuild-CWA.
The Presidents’ Alliance on Higher Education and Immigration explained in a press release that the complaint 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, and justify the rule based on its stated objectives. It also alleges that DHS provided an inadequate public comment period and exceeded its statutory authority. “These changes will create significant uncertainty and administrative burdens for international students, exchange visitors, and the institutions that support them. They will also 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,” the Presidents’ Alliance said.
On August 19, 2026, the district court judge issued an order setting the briefing schedule and setting a hearing date. The defendant’s response is due August 31, 2026. An in-person motion hearing is scheduled for September 9, 2026.
