Trump Issues Final Rule to End Alleged ‘Foreign Student Visa Abuse’

WASHINGTON, DC – The Trump administration has announced the publication of a final rule that officially eliminates what the administration claims to be the “duration of status loophole” that allowed Caribbean and other foreign students, exchange visitors and media representatives to remain in the United States indefinitely without routine government oversight.

The Department of Homeland Security (DHS) said the new regulation establishes a fixed period of admission for nonimmigrant visa holders.

“This decisive shift restores integrity to the nation’s immigration system, combats rampant visa abuse, and strengthens national security through regular vetting. A fixed period of admission is currently in place for many other types of nonimmigrant visas,” DHS said in a statement.

DHS Secretary Markwayne Mullin also said that, “for nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud

“For decades, foreign students have been admitted into the US indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the US. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders.

“This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home,” Mullin added.

DHS said that, since 1978, Caribbean and other foreign students have been admitted into the US for an unspecified period, “enabling thousands to become ‘forever students’ by perpetually enrolling in courses to avoid departure.

“The final rule ends this exploitation through several major reforms,” it said, adding that nonimmigrant students (F visas) and exchange visitors (J visas) will be admitted for the length of their specific programme, not to exceed a maximum period of four years.

DHS said visa holders requiring additional time to complete an academic programme must formally apply for an Extension of Stay (EOS) directly through US Citizenship and Immigration Services (USCIS).

DHS said the rule introduces strict limitations on academic changes and that the final rule will publish in the Federal Register in the next few days going into effect 60 days after publication in the Federal Register.

The new policy rescinds the Biden Administration’s public charge rule, in effect since December 23, 2022, which limited public charge determinations to an applicant’s use of cash assistance or long-term government-funded institutional care.

However, the Trump administration’s new rule will significantly expand the scope of DHS review, including consideration of an applicant’s–or the applicant’s family members’–continued use of a wide range of health or social service programmes that the administration disfavors when reviewing applications.

“No one should have to choose between putting food on the table and their legal status. The changes to the public charge rule represent a dangerous step backward that will harm New Yorkers, who are already living with instability, insecurity, and fear,” said Murad Awawdeh, President and chief executive officer of the New York Immigration Coalition (NYIC).

Rebecca Telzak, co-executive director of Make the Road New York, another immigrant advocacy group, said, “the Trump administration is doing everything in its power to make simply existing as a working-class immigrant in this country as difficult as possible.

“This rule comes the same week as ICE (US Immigration and Customs Enforcement) gunned down two fathers in their cars.

“The intent is clear: to use the weight of the federal government to terrorize immigrant communities and force families to renounce survival services and programmes, fearing their families could be ripped apart.

“This is a devious method to bar eligible people from adjusting their immigration status and preventing US citizen children from obtaining benefits they are entitled to,” Telzak said, adding “we denounce this racist wealth-based system being led by this administration.

“No one should be punished for accessing basic needs such as health care, food and housing,”