Trump’s Immigration Restrictions Face Repeated Setbacks: Student Visa Rules Blocked, Green Card Policy Sued

U.S. President Donald Trump’s efforts to tighten immigration policies have repeatedly been blocked. The courts have halted restrictions on international students’ duration of stay, and proposals to strengthen green card screening procedures have encountered collective lawsuits from state governments. This growing policy uncertainty is causing greater concern among international students and those planning to immigrate.

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According to international news outlets including The Washington Times on September 14 (local time), Judge Dennis Saylor of the Federal District Court in Boston, Massachusetts, sided with the plaintiffs—labor unions and education and immigration organizations—by blocking the implementation of the Department of Homeland Security’s (DHS) new regulation.

◆ Suspension of Elimination of D/S System= The regulation suspended by the court sought to abolish the so-called "Duration of Status (D/S)" system and replace it with fixed maximum periods of stay depending on each visa category. Under the proposal, international students (F visa) and exchange/visiting scholars (J visa) would be permitted to stay for up to four years, after which they would need to obtain a separate extension to remain longer. Foreign journalists (I visa) would, in principle, see their stay capped at a maximum of 240 days.

In his decision, Judge Saylor stated that "the purpose presented by DHS lacks a reasonable connection to the final rule" and declared that "thus, the rule constitutes an arbitrary and capricious action under the Administrative Procedure Act."

He was particularly concerned about the provision that would allow DHS to deny individual students’ requests for extensions. He warned that “under vague and limited standards, a single DHS official could, without any reason or with any reason, terminate a non-U.S. citizen’s studies or research and educational activities, with no right of appeal.”

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◆ New Public Charge Rules Face Litigation= Proposals to strengthen green card review procedures have also become targets for collective lawsuits by state governments. According to the Wall Street Journal (WSJ), the New York Times (NYT), and other sources, 22 states and Washington D.C. have recently filed lawsuits arguing that the Trump administration’s new "public charge" rule could discourage immigrants from using health and welfare services. Cities led by Democratic mayors—New York City, San Francisco, Seattle, and others—have separately filed lawsuits to halt the policy’s implementation.

The Trump administration is set to enforce the new rule starting September 18, explicitly to reduce immigrants’ participation in public welfare programs such as food and medical assistance. The new criteria also count a recipient’s history of receiving income-based financial aid for college education from state governments, or similar agencies, as a negative factor when considering green card issuance.

The 22 states and Washington D.C. now claim that the new policy could force immigrants to choose between giving up basic means of subsistence or risking future disadvantages in green card applications. Additionally, they warn that reduced use of welfare programs would put greater strain on emergency rooms and reduce the funds that flow into local economies through programs like food stamps. An increase in public assistance opt-outs could also slash federal aid to state governments by billions of dollars.

Letitia James, the New York State Attorney General who is leading the lawsuit, stated, "We cannot allow families to be forced to give up needed assistance due to fears that seeking help might lead to deportation."

Zohran Mamdani, New York City Council member, highlighted that the policy could result in approximately 4 million people nationwide losing their health insurance. He emphasized, "There is nothing in this rule that would reduce waste, make Americans safer, or improve the lives of New Yorkers. It is simply a tool for chaos and for cruelty."

By contrast, DHS defended the policy. DHS argued, "Sanctuary states are worried that tens of thousands of undocumented and non-citizen residents will stop using America’s welfare programs, leading to a reduction in federal funding." They added, "If that outcome truly is so horrible, then we're absolutely terrified," in a sarcastic remark.

The NYT pointed out that this policy is a part of the Trump administration’s overall push to tighten regulations on both legal and illegal immigration. Especially ahead of the mid-term elections, DHS has focused on restricting employment opportunities and access to federal assistance for non-citizens, thereby indirectly pressuring voluntary departures instead of undertaking direct enforcement actions.

This content was produced with the assistance of AI translation services.