Trump targets student visas quietly

While the administration's anti-immigrant agenda plays out publicly, officials are also hunting for obscure ways to reduce the number of nonwhite people in the country through existing federal law.

How student visas currently work

International students, researchers, and journalists have been admitted for duration of status, meaning they can stay as long as they're making normal progress in their programs or working for the same employer.

DHS proposes strict new limits

In July, the Department of Homeland Security issued a rule capping student visas at four years maximum and journalist visas at just 240 days, requiring formal renewal applications with background checks and biometric vetting.

Mullin's national security justification

DHS Secretary Markwayne Mullin claimed the change protects national security, prevents immigration fraud, and ensures foreign students focus on completing their studies and returning home.

“foreign students remain focused on their primary purpose: completing their studies and returning home”

Judge blocks the rule before it takes effect

On Monday, a federal judge in Massachusetts postponed the rule's Tuesday effective date, finding it mind-bendingly stupid and likely to create a needless economic catastrophe.

Judge Saylor tears apart the logic

Senior Judge F. Dennis Saylor, a George W. Bush appointee, called the government's justifications exceptionally weak, largely disconnected from reality, and resting on unsupported beliefs.

“exceptionally weak, largely disconnected from academic or practical realities”

The rule gives DHS unchecked power

Under the new system, DHS officials could cut short any student's program for any reason with no right to appeal, forcing them to leave without a degree and without recourse.

Obvious chilling effect on enrollment

Saylor noted the rule would have an obvious deterrent effect on student enrollment, and dozens of international students have already withdrawn from their programs.

Potential tool for political retaliation

Saylor expressed concern that the discretionary system could easily be abused to punish people expressing disfavored viewpoints, and noted the obvious likelihood of retaliation against journalists critical of the government.

DHS ignored simpler alternatives

The judge criticized DHS for downplaying or ignoring simpler options like allowing visa holders to stay for the duration of their programs instead of imposing a four-year cap on everyone.

Massive economic costs ignored

International students support 400,000 jobs in the U.S., and the rule's economic costs could reach tens of billions of dollars per year, yet DHS dismissed these concerns with conclusory responses.

National security claim is absurd

DHS cited only five instances involving 11 people out of tens of millions admitted over four decades to justify the national security claim, which Saylor said borders on the absurd.

Even Bush judges have limits

Though Trump has packed federal courts with ideologues and courts are usually deferential to executive power on immigration, Saylor found there is a limit to how much barely disguised racism some judges will tolerate.

Injunction is temporary, fight continues

The judge's temporary injunction blocks the rule for now but does not prevent some version from eventually taking effect. The legal battle over student visas will continue.