Legal Challenge to the Final Rule Ending Duration of Status (D/S)

NAFSA provides updates to the legal challenges to the final ruling to end D/S here

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.