Last updated: September 8, 2026

Litigation Filed

On August 18, NAFSA: Association of International Educators and the Presidents’ Alliance on Higher Education and Immigration led a coalition of associations and unions in filing a complaint and a motion for preliminary injunction in response the administration’s final rule ending Duration of Status (D/S) for international students in F-1 and J-1 status. 

As conveyed in a joint press release, the complaint argues that the final rule violates the Administrative Procedure Act because the Department of Homeland Security (DHS) failed to adequately assess its costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the rule based on its stated objectives. It also alleges that DHS provided an inadequate public comment period and exceeded its statutory authority. 

Plaintiffs

The plaintiffs are: NAFSA: Association of International Educators; the Presidents’ Alliance on Higher Education and Immigration; the Association of Independent Colleges and Universities in Massachusetts (AICUM); the American Federation of Teachers (AFT); Graduate Labor Organization, AFT Local 6516 (GLO); International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW); United Auto Workers Local 2322; and The NewsGuild-CWA. The plaintiffs are represented by McDermott Will & Schulte. The litigators leading this effort are Paul Hughes and Andrew Lyonsberg. 

Amicus Brief Filed

On August 25, the attorneys general of California, the District of Columbia, New York, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Nevada, North Carolina, Oregon, Vermont, Wisconsin, and Virginia filed an amicus brief in support of the lawsuit against the end of Duration of Status. They assert the "rule will sharply deter international students and exchange visitors from enrolling or participating in programs that they may not be permitted by DHS to complete. This loss will impose severe harms on public educational institutions, academic communities, and broader local and state communities, all of which rely on the intellectual, cultural, economic, and service contributions of nonresident visitors."

Briefing Schedule

The judge assigned to the case, District Judge F. Dennis Saylor IV, set a deadline of August 31, 2026 for the defendants to respond to the motion. The motion hearing is set for September 3 at 11:00 am ET in the Moakley United States Courthouse, home to the United States District Court for the District of Massachusetts. The defendant, the Department of Homeland Security, requested a four-day extension to respond to the motion. The court granted an extension until September 2. The defendant submitted its response on September 2. 

Hearing Held

The preliminary injunction hearing was held as planned on September 3. The legal counsel arguing for the preliminary injunction was outstanding and the judge asked very pertinent questions of both parties. Stories by the Boston Globe, the News Guild (a coplaintiff), and the Harvard Crimson provide more context. Read the joint statement from NAFSA and other plaintiffs for more information.

About the Final Rule

The final rule ending D/S would replace the current flexible system with a system that admits students for a fixed period of time: only until the program end date on their SEVIS document, but not to exceed four years. It requires international students and exchange visitors to apply for extensions of stay. It also restricts students’ ability to change educational objectives, transfer institutions, or pursue additional programs of study. These changes create uncertainty for students, additional burdens for institutions, and serious ripple effects for programs such as Optional Practical Training (OPT) and H-1B that connect education to the U.S. workforce.

Ending D/S poses an immediate threat to international students and scholars, U.S. higher education institutions, and the nation’s economy and global competitiveness. This litigation seeks to preserve the framework that has long supported international student success, institutional stability, and U.S. leadership in education, research, and innovation.

Resources

  • Several states joined in filing an amicus brief in support of the preliminary injuction motion and lawsuit against the end of Duration of Status. Their brief elaborates upon the broad range of imminent harms these states would face in the absence of the relief sought by the plaintiffs. 
  • NAFSA has created a Duration of Status portal page that contains a detailed analysis of the final rule, recordings of webinars dedicated to its ramifications, and an explainer to share with stakeholders.