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Latest Cases & Developments
Date:
ACE Comments to ICE on the Proposed Duration of Status Rule (Sep. 29, 2025)
The American Council on Education (ACE) along with 51 other higher education associations wrote the U.S. Immigration and Customs Enforcement (ICE) expressing strong opposition to the proposed rule “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.” The letter expresses concern that if the proposed rule goes into effect, it will have a devastating impact on institutions, international students, and the entire U.S. economy. Specifically, the letter critiques the proposed four-year limit and extension of status (EOS) as unworkable for most students, and states that the four-year time frame should not apply to graduate students, or J-1 programs. The letter also takes issue with the “unreasonably brief” comment period, arguing the 30-day window is insufficient to provide a meaningful opportunity to comment on this significant regulatory proposal and its impact.
Topics:
Employment of Foreign Nationals | Faculty & Staff | Immigration | International Activities | International Students | Study Abroad ProgramsDate:
High-Level Guidance to Submit Comments on the DHS Proposed Rule to End Duration of Status (Sep. 18, 2025)
The American Council on Education (ACE) in collaboration with other higher education partners, developed guidance to help institutions interested in submitting comments on the Department of Homeland Security’s proposed duration of status rule. The guidance goes over six key points for comments, encouraging drafters to work with the appropriate stakeholders at their respective institutions. Comments are due by September 29, 2025.
Topics:
Employment of Foreign Nationals | Faculty & Staff | Immigration | International Activities | International Students | Study Abroad ProgramsDate:
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 ProgramsDate:
President and Fellows of Harvard College. v. Department of Homeland Security (D. Mass. Jun. 20, 2025)
Order Granting Plaintiff’s Motion for a Preliminary Injunction. Plaintiff, the President and Fellows of Harvard College, brought suit against the several United States government agencies as well as cabinet-level and senior officials alleging violations of the First Amendment, Due Process, and the Administrative Procedure Act (APA) following defendants’ revocation of plaintiff’s SEVP status. On May 22, 2025, defendants revoked plaintiff’s ability to host F-1 and J-1 visa holders, impacting more than 7,000 students. Defendants deemed plaintiff’s response to a Records Request demanding the production of “wide-ranging information for ‘each student visa holder’ across [plaintiff’s] 13 schools within ten business days” as insufficient with no further explanation and subsequently revoked plaintiff’s SEVP certification. In response to defendants’ actions, plaintiff filed suit and asked the Court to declare defendants’ actions as unconstitutional and/or unlawful, as well as to preliminarily and permanently enjoin defendants from maintaining or giving effect to the revocation of the SEVP certification, the May 22, 2025 Revocation Notice from DHS or initiating any further retaliation for plaintiff’s “exercise of its rights under the First Amendment.” The court granted plaintiff’s preliminary injunction, effectively enjoining defendants from implementing or giving any effect to the May 22 Revocation Notice, the revocation of plaintiff’s Exchange Visitor Program, and directed defendants to “immediately prepare guidance to [d]efendants’ officers, staff, employees, and contractors—including but not limited to those at each consulate, embassy, field office, and port of entry—to disregard the May 22, 2025 revocation Notice and to restore every visa holder and applicant to the position that individual would have been absent such Revocation Notice” within 72 hours of the Order.
Topics:
Immigration | International Activities | International Students | Study Abroad ProgramsDate:
U.S. Department of Education Cancellation Notice of GPA, DDRA, and FRA (May 9, 2025)
U.S. Department of Education (the Department) published a Withdrawal of Notices Inviting Application and Cancellation of the Competitions for the Fulbright-Hays Group Projects Abroad (GPA) Program, Doctoral Dissertation Research Abroad (DDRA) Program, and Faculty Research Abroad (FRA) Fellowship Program. The Department wrote that it is canceling the competitions as part of a comprehensive review of the recently published FY 2025 Notice Inviting Applications (NIAs). It states that the reevaluation seeks to ensure that all priorities and requirements for the FY 2025 competitions align with the objectives established by the Trump Administration, foster consistency across all grant programs, and enhance the economic effectiveness of federal education funding.
Topics:
Financial Aid, Scholarships, & Student Loans | International Activities | Students | Study Abroad ProgramsDate:
Transparency Regarding Foreign Influence at American Universities (Apr. 23, 2025)
Executive Order “Transparency Regarding Foreign Influence at American Universities.” This Order seeks to “end the secrecy surrounding foreign funds in American educational institutions, protect the marketplace of ideas from propaganda sponsored by foreign governments, and safeguard America’s students and research from foreign exploitation.” The Order appoints the Secretary of Education to take all appropriate actions to enforce the requirements of section 1011f of Title 20, U.S.C. to require complete and timely disclosure by higher education institutions of foreign funding, including: (1) reversing or rescinding any actions by the prior administration that permit higher education institutions to maintain improper secrecy regarding their foreign funding; (2) require universities to more specifically disclose details about foreign funding, including the true source and purpose of the funds; (3) provide the American people with greater access to information about foreign funding to higher education institutions; and (4) hold accountable higher education institutions that fail to comply with the law concerning disclosure of foreign funding by way of conducting audits and investigations where necessary to ensure compliance. The Order states that Federal grant funds will not be provided in cases of noncompliance. The White House also issued a Fact Sheet with the Order.
Topics:
Endowments & Gifts | International Activities | Taxes & FinancesDate:
Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act Amendment (Feb. 19, 2025)
The U.S. House Committee on Education and Workforce advanced an amendment (the “Bill”) to the Defending Education Transparency and Ending Rouge Regimes Engaging in Nefarious Transactions Act (“DETERRENT Act”). The Bill, which would require colleges and universities to report gifts and contracts from most foreign countries moved forward on February 19. It is intended to mitigate foreign influence in higher education would reduce the current threshold of $250,000 to $50,000 or greater. The Bill would also lower the reporting threshold to $0 for “countries of concern” as determined by the U.S. Code or the U.S. Secretary of Education, including China, Russia, Iran, and North Korea, and would prohibit postsecondary institutions from contracting with those countries unless the Secretary issues them an annual waiver.
Topics:
Contracts | Endowments & Gifts | Grants, Contracts, & Sponsored Research | International Activities | Taxes & FinancesDate:
Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security – The White House (Feb. 10, 2025)
Executive Order: Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security. This Executive Order requires the Attorney General to review guidelines and policies governing investigations and enforcement actions under the Foreign Corrupt Practices Act (FCPA); cease initiation of any new FCPA investigations or enforcement actions; review in detail all existing FCPA investigations or enforcement actions and take appropriate action; and issue updated guidelines or policies to adequately promote the President’s Article II authority to conduct foreign affairs and prioritize American interests.
Topics:
Foreign Corrupt Practices Act (FCPA) | International Activities | International Ventures | ResearchDate:
ACE Letter to the Secretary of State (Feb. 3, 2025)
The American Council on Education (ACE) sent a letter to the U.S. Department of State (the Department) sharing goals and priorities of higher education and offering itself as a resource to work on current issues. The Letter highlights the desire for the Department to address wait times and processes for student visa applications and continue working with ACE regarding the timely processing of student visas, and on issues impacting exchange programs, international students, and research programs.
Topics:
Immigration | International Activities | International Students | Study Abroad Programs
NACUA Annual Conference
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