Congress & Courts Act to Keep U.S. #1 in Education & Innovation by Protecting Duration of Status
In a significant development, both the courts and Congress took action on September 14 that helps ensure the United States remains #1 in attracting and retaining top talent from around the world. Most encouragingly, their actions are responsive to the will of the American public, as nearly 8 in 10 Americans from both parties support welcoming international students.
The same day a federal judge’s ruling stopped DHS’s attempts to replace Duration of Status with arbitrary fixed time periods from being implemented, Congressional leaders also acted to counter the rule, proactively affirming the value of international students for America.
Thank you to NAFSA and the Presidents’ Alliance for your leadership and thank all of you who submitted comments expressing strong opposition to the rule. Our collective voices matter. Those comments were a factor in the judge’s decision, in which he noted:
“Despite the massive anticipated impact of the rule, DHS provided an exceptionally short, and barely legal, 32-day period for public comments. Nonetheless, approximately 22,000 commenters responded during that short interval. The overwhelming majority of those comments expressed strong opposition. Among other things, commenters pointed out serious flaws in DHS’s reasoning and offered multiple alternatives that would achieve the stated objectives with far less harmful effects on students, universities, journalists, and the American economy.”
And thank you to all of our members who are continuing to educate Congress about the need for oversight and legislation to protect both Duration of Status and Practical Training.
Below is a brief summary of this week’s major milestones:
First, the courts acted. On September 14, U.S. District Judge F. Dennis Saylor IV granted nationwide preliminary relief in the lawsuit challenging the Department of Homeland Security's rule ending D/S. The court blocked the rule from taking effect and prohibited DHS and ICE from implementing it while the case continues, preserving the longstanding D/S framework nationwide for now. The court found DHS's rationales for the sweeping change to be “exceptionally weak” and warned that the harm to U.S. higher education and the economy could be severe. Read more.
Second, Congress is weighing in. Senators Dick Durbin, Richard Blumenthal, Alex Padilla, and Sheldon Whitehouse, all members of the Senate Judiciary Committee, introduced a Congressional Review Act (CRA) resolution of disapproval to overturn the DHS rule, with additional Senate cosponsors joining the effort. Representatives Pramila Jayapal and Jamie Raskin are leading the House companion, along with Representatives Liccardo and Fletcher, among others. The resolution gives Congress an opportunity to exercise its own authority over the regulation and determine whether this major change in immigration policy should stand. View Senator Durbin’s press release.
Learn More and Support the Effort
Our U.S. for Success Coalition continues to make the case, international students help Americans succeed: they pay tuition, generally receive no federal financial aid, contribute billions of dollars to communities across the country, and support hundreds of thousands of U.S. jobs. They also help expand educational capacity and support lower costs for American students. International students make up only 6% of U.S. college students, yet they contributed $43 billion to U.S. communities and supported approximately 355,000 American jobs. For every three international students enrolled, one U.S. job is created or supported, according to NAFSA’s economic analysis. Learn more.
Join our campaign to protect Duration of Status and Optional Practical Training. Use NAFSA’s Take Action Center to contact your elected officials.
Read more from the Presidents’ Alliance and NAFSA about this week’s court decision.
See why international students matter for America—and how they support American students, jobs, and communities—through U.S. for Success
