Update on D/S Elimination Final Rule – lawsuit enjoins Final Rule implementation

On September 14, 2026, U.S. District Judge F. Dennis Saylor IV issued a nationwide preliminary injunction blocking the Department of Homeland Security’s Final Rule eliminating Duration of Status, which was set to take effect on September 15.

The court order  prohibits DHS and USCIS from implementing and enforcing it while the case continues. Consequently, the Duration of Status framework is able to continue throughout the country. The court found that the plaintiffs are likely to succeed on their argument that the Final Rule is arbitrary and capricious, and that permitting it to take effect would result in immediate and irreparable harm. It is expected that the government will appeal the preliminary injunction.

For more information on the lawsuit and to keep up with the litigation, check the NAFSA website and the Presidents’ Alliance on Higher Education and Immigration website.

See our previous post discussing the Final Rule and its implications here.