Coalition of education associations and union organizations sue Trump Administration over D/S Elimination Final Rule

On August 18, 2026, a coalition of education associations and union organizations filed a lawsuit against the Trump Administration in the U.S. District Court for the District of Massachusetts challenging the Department of Homeland Security’s elimination of Duration of Status (“D/S”) for F-1 and J-1 nonimmigrants. The lawsuit argues that the Trump Administration violated the Administrative Procedure Act because it failed to properly weigh the costs and benefits associated with eliminating D/S, did not meaningfully respond to the public comments submitted during the Proposed Rule phase, did not consider less burdensome alternatives, and did not adequately justify the rule based on the stated objectives. Plaintiffs also argued that DHS exceeded its statutory authority with the new Rule.

In conjunction with the lawsuit, plaintiffs have filed a motion for a preliminary injunction to pause the Final Rule from becoming effective on September 15, 2026. As of August 27, 2026, the federal district court has not yet ruled on the motion for a preliminary injunction.

For more information on the lawsuit, see the press release from the Presidents’ Alliance on Higher Education and Immigration here.