District Court Rules for Foreign National Students and Against DHS by stopping DHS from immediately applying changes to "D/S” Rule

On July 17, 2026, the Department of Homeland Security (DHS) published a Final Rule to end the longstanding policy of granting foreign students a period of stay corresponding with the Duration of their Studies (D/S). Under the Rule, students would instead be admitted only until a specific date, and, in many cases, would need to file a formal application with fees to request DHS discretion to extend their studies. The rule also provided complicated rules governing many critical aspects of student life including when students could change majors or switch educational institutions, and it sought to reduce “grace periods” following the end of students’ academic programs.

Interested parties, including colleges and university coalitions, faculty, and unions, sued (Presidents’ Alliance v. DHS). They alleged that the Rule change was misguided, arbitrary, and capricious, failed to acknowledge the substantial harm it would cause, and violated the mandates on federal legislation required by the Administrative Procedures Act.

On September 14, 2026, the U.S. District Court for the District of Massachusetts granted a preliminary injunction, finding that the foreign student groups are likely to succeed in the case and compelled USCIS to stop any immediate harmful actions. This litigation will continue through the courts, and it will likely be several more months before a resolution is reached. In the meantime, the D/S designation remains in effect for students while litigation continues.