Last updated: October 8, 2026

Litigation

On October 5, NAFSA: Association of International Educators joined the Association of American Universities, Presidents’ Alliance on Higher Education and Immigration, and the Association of Independent Colleges and Universities in Massachusetts (AICUM) in filing a complaint and a motion for preliminary injunction in response to two broadcast messages sent last August by Immigration and Customs Enforcement (ICE) that made drastic changes to Curricular Practical Training (CPT) for international students. 

These messages to university administrators state that students will only be eligible for CPT when such practical experiences are mandatory for all students in a program. This means that an academically supervised internship or practicum for course credit would be unavailable to an international student if it is an elective rather than a graduation requirement for their degree.

This dramatically different interpretation from the agency that oversees CPT has put longstanding campus practices and students’ access to these opportunities at risk, without notice and comment or sufficient time for colleges and universities to respond. The suit, filed in the U.S. District Court for the District of Massachusetts, asks the court to stop the government’s actions before they cause further harm to students, universities, their communities, and the country.

As conveyed in a joint press release, the legal complaint argues that the government’s new interpretation of longstanding CPT requirements would severely limit international students’ ability to participate in internships and other experiential learning opportunities that allow them to directly apply knowledge learned in the classroom and gain real-world experience. These hands-on training opportunities are directly connected to their academic courses of study and approved by their colleges and universities.

The suit argues that the government’s actions are legally flawed and would cause irreparable harm for a number of reasons:

  • The change was announced abruptly, without a substantive explanation, period for public comment, or acknowledgment that it departed from the federal government’s previous longstanding interpretation of CPT. 
  • The communications sent directly to campus university designated school officials (DSOs) threatened them with severe institutional penalties and potential personal liability for practices that the government had previously long permitted.
  • The broadcast messages needlessly disrupt the plans and expectations of students, schools, and others in the community, who responsibly planned their affairs around the government’s longstanding position that these practical-training opportunities will remain permitted.

“Changing how CPT is administered through broadcast messages, without formal rulemaking, is an aberration that must be challenged,” said NAFSA Executive Director and CEO Fanta Aw. “These abrupt changes have placed Designated School Officials—the professionals responsible for advising international students and ensuring institutional compliance—in an untenable position, forcing them to navigate significant new restrictions and uncertainty without the clarity and due process that formal rulemaking provides."

The press release goes on to say, "the plaintiffs are seeking to restore the government’s longstanding CPT framework, protect students and institutions from retroactive penalties, and ensure that international students can continue to access academically meaningful training opportunities that benefit not only them, but employers, communities, and our entire nation." 

Hearing 

A hearing date has been set for November 6. At that time, the judge will hear arguments related to our request for a preliminary injunction and stay of agency action.

Plaintiffs

The plaintiffs are: the Association of American Universities (AAU); NAFSA: Association of International Educators; the Presidents’ Alliance on Higher Education and Immigration; the Association of Independent Colleges and Universities in Massachusetts (AICUM). The plaintiffs are represented by Jenner & Block LLP.

Resources

NAFSA members can access a detailed description of the broadcast messages and historical context on NAFSA's website.