The Department of Homeland Security (DHS) proposes a regulation that is expected to limit the period within which certain visa holders can stay in the U.S., pending more thorough assessment and approval. This suggestion has been brought forward by the Trump administration, targeting people including foreign journalists, educators, students, doctors, among others. Details of this proposed rule have been opened up for public commentary until September 29, 2025.
Under the proposed rule, international students and individuals on exchange programs will have their visas capped at a four-year period. Currently, the policy termed as ‘duration of status’ allows such visitors to continue staying in the U.S. for as long as they’re actively involved in their respective educational or exchange programs. This includes participants like medical professionals, professors, research scholars, educators, among others.
Fanta Aw, the chief executive officer of NAFSA: Association of International Educators, voiced concerns over potential negative impacts of this rule on students and scholars. She outlined that the changes may result in bureaucratic slowdowns and could inadvertently push students into illegal status. Consequently, they may face punitive measures.
‘Such shifts may immerse hopeful students and scholars in a bureaucratic ocean causing, at best, administrative delays, or at worst, forcing them into non-compliant presence. This, in turn, may expose them to negative consequences when they are not at fault,’ Fanta stated.
An alarming aspect of the proposed rule is that it sets a restriction on graduate students wishing to alter their ‘educational objectives’. According to Aw, this move signifies excessive influencing of education by the government. If this directive is adopted, it could also affect media representatives in a significant way.
Media workers’ stay periods are set at a cap of 90 days for Chinese nationals and a maximum of 240 days for all other nationalities under the proposed rule. Currently, representatives in the media sector can continue working in the U.S. for as long as their employment lasts. In order to extend their stay beyond these proposed limits, an application to the United States Citizenship and Immigration Services (USCIS) is required.
Such extensions ‘will necessitate routine evaluations by the DHS’, as stated in the DHS press briefing on the proposed rule. The DHS further indicated that the rule is designed ‘to curtail the period foreign scholars, students, physicians, and other visa holders can stay in the U.S. without undergoing additional checks.’
This routine vetting by the DHS could impact students, academics, journalists, and advocates adversely. Especially, those whose research or reporting work is critical of the Trump administration’s policies may find their stay in the U.S. significantly impacted. This could potentially institutionalize a mechanism to refuse residency rights based on individuals’ ideological beliefs.
Earlier in the month, USCIS reported that it would evaluate anti-American or terrorist affiliations when considering non-citizens’ applications to live and work in the U.S. Equally, they would exercise discretion in handling certain benefits requests where evidence of anti-Semitic tendencies is indicated. To earn the relevant benefits, it is incumbent upon the applicant to prove that the exercise of discretion is in order.
There have been instances where the Trump administration has maligned pro-Palestine activists as anti-Semitic on account of their advocacy against the violence in Gaza. One such case involved the pro-Palestine student advocate, Mahmoud Khalil, a holder of the green card. An attempt was made earlier this year by the Trump administration to use a spurious accusation of anti-Semitism as a justification to expel him.
In response to these concerns, several academic organizations took legal action to prevent potential indiscriminate arrests, detentions, and deportations of non-citizen students, faculty members, or those who express pro-Palestinian sentiments or engage in First Amendment protected activities. The collective effort involved the American Association of University Professors (AAUP) and chapters from Harvard, Rutgers, NYU, and the Middle East Studies Association.
The legal action was initiated to prevent the Trump administration from indiscriminate arrests, detentions, and deportations of non-citizen students and faculty members who engage in pro-Palestine protests and other activities protected by the First Amendment. The AAUP as well as chapters at Harvard, Rutgers, and NYU, along with the Middle East Studies Association, sought to halt any such actions.
AAUP President Todd Wolfson warned that the administration’s measures against international scholars and students critical of Palestine could extend to those who teach controversial subjects or engage in sensitive research. He remarked, ‘The administration is targeting international scholars and students speaking out about Palestine, but it won’t stop there.
Wolfson further adds, ‘Those teaching the history of slavery, researching climate change, providing gender-affirming healthcare, or advising students on reproductive choices could well be their next targets. We must unite and draw a clear line, standing by the old labor movement slogan – an injury to one is an injury to all.’
The wide implications of this proposed rule encompass all areas of academia and intellectual freedom. The potential risk of targeting academics based on their research or outspoken viewpoints threatens the fundamental values of education and inquiry that the U.S. has long upheld. The stakes, indeed, are quite high.
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