Cases & Developments - National Association of College and University Attorneys

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Latest Cases & Developments

Date:
9/3/2025
Department of Homeland Security Comment Request on SEVIS Revision (Sep. 3, 2025)
The Department of Homeland Security (DHS) is collecting comments on a revision to a currently approved information collection on the Student and Exchange Visitor Information System (SEVIS). The revision includes changes to Form I-17 to collect several pieces of new information, a redesign of the form’s “Program of Study” page to include time necessary to complete the program, assigned Classification of Instructional Programs (CIP) code, and an indicator on mode of instruction, among other data points. Form I-20 will be revised to collect contact and other information on legal Guardians of minor F and M students, to clarify the source and type of financial support, as well as the modality of education and on-campus employment. Comments are due by November 3, 2025.
Topics:
Immigration | International Students
Date:
8/28/2025
Department of Homeland Security Fixed Time Period of Admission and Extension of Stay Procedure for Nonimmigrant Academic Students (Aug. 28, 2025)
The Department of Homeland Security (DHS) along with Immigration and Customs Enforcement (ICE) issued a notice of proposed rulemaking that would establish a fixed period of admission and an extension of stay procedure for nonimmigrant academic students, exchange visitors, and representatives of foreign information media. Specifically, DHS proposes to amend its regulations by changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period. The proposed rule would further create a fixed period of admission for students on an F visa for a duration not to exceed a 4-year period. Finally, the proposed rule would decrease the allowed period of F-1 nonimmigrants to prepare to depart from the United States after completion of a course of study or authorized period of post-completion practical training from 60 to 30 days. Comments are due by September 29, 2025.
Topics:
Employment of Foreign Nationals | Faculty & Staff | Immigration | International Activities | International Students | Study Abroad Programs
Date:
8/25/2025
ACE Overview of Optional Practical Training and Current Policy Threats (Aug. 25, 2025)
The American Council on Education (ACE) published an issue brief providing an overview of the Optional Practical Training (OPT) for international students at U.S. colleges and universities and the current policy landscape for the program. The brief discusses what OPT is, how it is different from curricular practical training and an F-1 student visa, the economic impact of OPT, and legal challenges to OPT.
Topics:
Immigration | International Students
Date:
7/23/2025
Department of Education Investigates Five Universities Over Alleged Scholarships for Undocumented Students (Jul. 23, 2025)
The U.S. Department of Education’s Office for Civil Rights (OCR) has opened investigations into five universities—University of Louisville, University of Nebraska Omaha, University of Miami, University of Michigan, and Western Michigan University—for allegedly offering scholarships limited to DACA or “undocumented” students in violation of the Title VI prohibition against national origin discrimination. The investigations follow complaints filed by the Legal Insurrection Foundation’s Equal Protection Project, which alleged that such scholarships unlawfully exclude U.S.-born citizens and lawful residents. OCR is also reviewing additional scholarships at the same institutions that allegedly exclude students based on race, color, or other protected characteristics.
Topics:
Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | External Investigations | Faculty & Staff | Immigration | International Students | Investigations
Date:
7/23/2025
State Department Investigation into Harvard’s Eligibility to Sponsor International Students and Researchers (Jul. 23, 2025)
The State Department (the Department) launched an investigation into Harvard University’s compliance with the Exchange Visitor Program, seeking to verify that the University is fully adhering to visa regulations and aligning its programs with U.S. foreign policy and national security objectives. Although the Department did not specify any alleged violations, the investigation aims to ensure that the University’s sponsorship activities do not conflict with national interests. The University was given one week to provide records related to visa sponsorships.
Topics:
Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | External Investigations | Faculty & Staff | Immigration | International Students | Investigations
Date:
7/16/2025
CASA v. Trump (D. Md. July 16, 2025)
Memorandum Opinion issuing an Indicative Ruling and Holding the Motion in Abeyance. Respondents—individuals, organizations, and states consolidated from Trump v. State of Washington, Trump v. State of New Jersey, and Trump v. CASA, Inc.—originally filed suit to challenge the validity of President Trump’s Executive Order (E.O.) 14160, titled “Protecting the Meaning and Value of American Citizenship”, which aimed to deny birthright citizenship to children born in the U.S. to undocumented immigrants. Following the Supreme Court’s most recent decision in CASA, which narrowed federal courts’ authority to issue universal injunctions, plaintiffs amended their complaint to proceed as a class action and sought class-wide relief. However, the court concluded that it lacks jurisdiction to rule on the motion because the underlying preliminary injunction is currently on appeal before the Fourth Circuit. Citing longstanding jurisdictional principles, the court found that ruling on a second, virtually identical preliminary injunction would intrude on issues now pending before the appellate court. Citing Rule 62.1(a)(3), the court issued an indicative ruling: if the Fourth Circuit were to remand the case for the limited purpose of considering the class-wide motion, the Court would grant it. It bases this conclusion on the same constitutional grounds set forth in its earlier opinion enjoining the Executive Order, and in light of similar relief recently granted in Barbara v. Trump, a parallel case. The court held the motion in abeyance pending further instruction from the Fourth Circuit and directed plaintiffs to notify the appellate court of its indicative ruling.
Topics:
Background Checks & Employee Verification | Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students
Date:
7/15/2025
Department of Education Foreign Funding Investigation into the University of Michigan (Jul. 15, 2025)
The U.S. Department of Education (the Department) announced that it has opened an investigation into the University of Michigan following a review of the University’s reports pursuant to Section 117 of the Higher Education Act of 1965 (20 U.S.C. §1011f), alleging inaccurate and incomplete disclosures. The Department, requested that the University provide with tax records, a written narrative of the University’s procedures related to compliance with Section 117’s foreign funding disclosure requirements, a copy of each written agreement with a foreign government, foreign educational institution, foreign non-government entity, or foreign corporate entity relating to international student admissions, detailing the participation of non-U.S. individual or entities in university or university-affiliated research collaborations, identification of all university personnel and contract personnel involved in the university’s assistance and/or efforts related to F-1 Student Visa, work permits, and travel for international students, faculty, and other personnel, identification of all involved in bilateral or multilateral research collaborations with non-U.S. research institutions, identification of all university personnel responsible for the oversight and/or administration of the university’s compliance with federal Foreign Government Talent Recruitment Program restrictions, and, all foreign gifts, grants, and contracts between the University and any foreign source. The time frame for these requests is from January 1, 2020, through the present.
Topics:
Contracts | Employment of Foreign Nationals | Endowments & Gifts | External Investigations | Faculty & Staff | Grants, Contracts, & Sponsored Research | Immigration | International Students | International Ventures | Investigations | Research | Taxes & Finances
Date:
7/11/2025
Clarification of Federal Public Benefits Under the Personal Responsibility and Work Opportunity Reconciliation Act (Jul. 11, 2025)
The U.S. Department of Education (the Department) has issued a new interpretive rule in response to Executive Order (E.O.) 14218 “Ending Taxpayer Subsidization of Open Borders”, clarifying that federally funded programs providing postsecondary education, adult education, and career and technical education are “federal public benefits” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). Recipients of federal funds must verify immigration status unless the benefits fall under the protected category of “basic public education” as established in Plyler v. Doe, which applies only to K–12 education for undocumented individuals. The Department rescinded its previous 1997 guidance, reasoning that it narrowly interpreted PRWORA and failed to account for Congress’s broader intent; emphasizing that Plyler does not apply to adults, post-secondary education, or dual enrollment programs that go beyond basic public education. Grantees administering such programs should comply with immigration verification requirements using approved methods like the DHS SAVE system to ensure they do not benefit non-qualifying individuals. However, nonprofit charitable organizations remain exempt from verification under 8 U.S.C. § 1642(d). This interpretive rule is non-binding and does not require formal reporting, however, the Department has noted that such information “may be referenced when enforcing or monitoring grantee and subgrantee compliance with PRWORA.” Finally, grantees may have received a memorandum with additional details.
Topics:
Admissions | Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Financial Aid, Scholarships, & Student Loans | Immigration | International Students | Students
Date:
7/10/2025
U.S. Department of Agriculture Adopts New Interpretation of “Federal Public Benefit” Under Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) (Jul. 10, 2025)
The Department of Agriculture (USDA or “the Department”) has released a notice outlining its updated interpretation of the term “federal public benefit” under 8 U.S.C. § 1611, as defined in Title IV of PRWORA. This change aims to restrict access to federal public benefits for individuals who do not qualify as “qualified aliens” under PRWORA, a category that includes lawful permanent residents, refugees, asylees, and certain other humanitarian immigrants, but excludes undocumented individuals, most Deferred Action for Childhood Arrivals (DACA) recipients, and temporary visa holders—absent specific statutory exceptions. Now adopting a plain-meaning approach, the USDA interprets “federal public benefit” broadly to encompass any grant, loan, contract, or license issued by a USDA agency or funded through federal appropriations, without regard to the program’s purpose. This includes direct aid as well as subgrants, subcontracts, indirect recipients, and SNAP-authorized retailers. In conjunction with this notice, the USDA issued the “American First Memorandum for USDA Arrangements and Research Security;” this directive mandates a comprehensive USDA-wide review of current relationships, funding, and arrangements with foreign entities by August 7th. The directive establishes a new justification process and security protocols to ensure USDA resources exclusively support American interests and prevent “the expenditure of American taxpayer funds to help foreign competitors out-produce, out-compete, and out-innovate the United States.” The policy change is intended to align with Executive Order (E.O.) 14218 “Ending Taxpayer Subsidization of Open Borders” and in alignment with the Department of Education’s new interpretive rule rescinding the previous 1997 Dear Colleague Letter on PRWORA.
Topics:
Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students
Date:
7/10/2025
HHS Rescission of 1998 interpretation of Personal and Work Opportunity Reconciliation Act of 1996 (Jul. 10, 2025)
The U.S. Department of Health and Human Services (HHS) announced that it has formally rescinded the 1998 interpretation of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), reasoning that it improperly extended certain federal public benefits to illegal aliens. The newly revised list of programs now classified as “federal public benefits” under PRWORA include: Certified Community Behavioral Health Clinics, Community Mental Health Services Block Grant, Community Services Block Grant (CSBG), Head Start, Health Center Program, Health Workforce Programs not otherwise previously covered (including grants, loans, scholarships, payments, and loan repayments), Mental Health and Substance Use Disorder Treatment, Prevention, and Recovery Support Services Programs administered by the Substance Abuse and Mental Health Services Administration, Projects for Assistance in Transition from Homelessness Grant Program, Substance Use Prevention, Treatment, and Recovery Services Block Grant, Title IV-E Educational and Training Voucher Program, Title IV-E Kinship Guardianship Assistance Program, Title IV-E Prevention Services Program, and Title X Family Planning Program. The policy change is intended to align with Executive Order (E.O.) 14218 “Ending Taxpayer Subsidization of Open Borders” and in alignment with the Department of Education’s new interpretive rule rescinding the previous 1997 Dear Colleague Letter on PRWORA.
Topics:
Campus Police, Safety, & Crisis Management | Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Disability Discrimination | Discrimination, Accommodation, & Diversity | Distressed & Suicidal Students | Employee Benefits | Employment of Foreign Nationals | Faculty & Staff | Health Care & Insurance | Immigration | International Students | Sexual Misconduct | Students

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