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  • Date:

    United States v. Minnesota (D. Minn. Mar. 27, 2026)

    Opinion and Order Granting Defendants’ Motion to Dismiss. Plaintiff, the United States, sued the state of Minnesota and the Minnesota Office of Higher Education, alleging that Minnesota’s in-state tuition law violates section 1623 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which prohibits in-state tuition benefits for individuals who are not “lawfully present” in the United States, “on the basis of residence within a State,” unless a citizen is eligible for the same benefit without regard to state residency. The court held that, because Minnesota’s law allows a student to qualify for in-state tuition even if “their principal actual dwelling place is outside of Minnesota,” the law “[did] not determine eligibility . . . on the basis of residence,” and therefore was not preempted by IIRIRA. The court dismissed the government’s claims with prejudice.

    Topics:

    Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    Akoju v. University of New Hampshire (D. N.H. Feb. 26, 2026)

    Opinion and Order Denying Plaintiff’s Motion for a Temporary Restraining Order. Plaintiff, a former graduate student at the University of New Hampshire proceeding pro se, sued the university alleging violations of Title VII and the Fourteenth Amendment after the school terminated her enrollment, ended her SEVIS status, and evicted her from her dorm following her failure to pay more than $14,000 in outstanding charges on her student account. The court denied plaintiff’s request for a temporary restraining order (TRO), finding that plaintiff was unlikely to succeed on the merits of her claims because she received adequate notice of both the registration deadline and the consequences of failing to pay her balance. The court also found that the university’s actions were based on legitimate, non-retaliatory reasons that were consistent with institutional policies and not a pretext for discrimination or retaliation. Although the court acknowledged that plaintiff could suffer significant harm without injunctive relief, including the loss of her F-1 visa status, it found that this harm did not outweigh the deficiencies in her claims.  

    Topics:

    Constitutional Issues | Discrimination, Accommodation, & Diversity | Due Process | Faculty & Staff | Immigration | International Students | Race and National Origin Discrimination | Retaliation | Student Housing | Students

  • Date:

    International Student Recruiting Firm Enters Settlement Agreement with Department of Justice on False Claims Act Allegations (Feb. 24, 2026) 

    The Department of Justice (DOJ) announced that it has entered into a settlement agreement with the international student recruiting firm Study Across the Pond LLC (SATP) requiring the firm to pay $1.3 million to resolve allegations that SATP violated the False Claims Act when it knowingly caused foreign universities in the United Kingdom to submit false claims to the Department of Education (ED) through arrangements that violated the federal ban on incentive compensation. Specifically, the DOJ alleged that SATP demanded a share of the tuition paid to the universities for any students the company recruited and then created sham records to hide the tuition-sharing arrangements from ED.  

    Topics:

    Accreditation, Authorizations, & Higher Education Act | False Claims Act (FCA) | Financial Aid, Scholarships, & Student Loans | Higher Education Act (HEA) | Immigration | International Students | Research | Students

  • Date:

    ACE Issue Brief: Immigration-Related Campus Concerns (Feb. 19, 2026) 

    The American Council on Education (ACE) published an issue brief providing guidance for campus leaders navigating the immigration policy environment under the Trump administration. The brief outlines the major categories of immigration status impacting higher education, issues related to DACA and international students, faculty, and staff, and provides guidance to campuses on potential enforcement actions.

    Topics:

    Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    Fridley Public School District, et al., v. Kristi Noem, et al., (D. Minn. Feb. 4, 2026)

    Complaint for Declaratory and Injunctive Relief. Plaintiffs, a coalition of school districts and a teachers union, sued the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and several federal officials, alleging that the implementation of the policy “Operation Metro Surge” in addition to the rescission of the previous longstanding “sensitive locations policy” violate the Administrative Procedure Act (APA) as arbitrary and capricious. Plaintiffs allege that the increase of ICE action at both K-12 schools and college campuses violate the rights of immigrants and create substantial disruption to the lives of U.S. citizens, noting that they have seen attendance declines of more than a third since the surge began. Plaintiffs further allege that the threat of enforcement has created a chilling effect and undermines access to education. Plaintiffs seek to permanently enjoin DHS from enforcing the new policy and to prohibit DHS agents from conducting immigration enforcement actions within 1,000 feet of school property or a school bus stop.

    Topics:

    Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    ACE and 22 Other Higher Education Associations File Amicus Brief Supporting Injunction in Favor of Harvard University (Jan. 20, 2026)

    The American Council on Education (ACE), along with 22 other higher education associations, filed an amicus brief with the First Circuit, urging it to affirm a preliminary injunction issued in June 2025 blocking enforcement of the presidential proclamation “Enhancing National Security by Addressing Risks at Harvard University,” which sought to bar international students from attending the university. The brief argues that the proclamation reflects an attempt to leverage immigration policy to punish the institution for perceived viewpoints and in doing so, would chill speech and academic decision-making across higher education. It also highlights the “targeted” and “punitive” nature of the proclamation, which permitted international students to enter the U.S. to study at any institution, other than Harvard. A summary of the arguments made in the brief may be found here.

    Topics:

    Immigration | International Students

  • Date:

    Virginia AG and DOJ Submit Joint Settlement Agreement to enjoin enforcement of Virginia Dream Act (E.D. Va. Dec. 30, 2025)

    In late December, the federal government sued the Commonwealth of Virginia challenging the Virginia Dream Act, which provides in-state tuition and financial assistance to undocumented students. The Department of Justice (DOJ) alleges that the law discriminates against U.S. citizens “who are not afforded the same reduced tuition rates, scholarships, or subsidies, [and] create[s] incentives for illegal immigration, and reward[s] illegal immigrants with benefits that U.S. citizens are not eligible for.” A day after the complaint was filed, the Virginia Attorney General and the DOJ submitted a joint motion for consent judgment to the court, which, if approved, would deem the law unconstitutional and bar state authorities from enforcing it. The lawsuit follows two Executive Orders signed by President Trump last year: “Ending Taxpayer Subsidization of Open Borders” and “Protecting American Communities from Criminal Aliens.” A copy of the complaint can be found here.

    Topics:

    Financial Aid, Scholarships, & Student Loans | Immigration | International Students | Students

  • Date:

    Öztürk v. Trump, et al. (D. Mass. Dec. 8, 2025)

    Opinion Granting Plaintiff’s Motion for a Preliminary Injunction. Plaintiff, a Turkish national and doctoral candidate at Tufts University, challenged the government’s termination of her Student and Exchange Visitor Information System (“SEVIS”) record and sought injunctive relief to reinstate it, arguing the termination violated the Administrative Procedure Act (“APA”) and the First Amendment. The court granted plaintiff’s motion, holding that (1) she was likely to succeed on her APA claim that the record termination was contrary to law and arbitrary and capricious; (2) she had made the requisite showing of irreparable harm; and (3) the balance of the equities and the public interest favored granting the injunction. In concluding the government’s actions were likely arbitrary and capricious, the court noted the government’s “shifting justifications” about the rationale for terminating plaintiff’s SEVIS record as well as conflicting statements about whether she “maintained” nonimmigrant legal status. The court also found plaintiff had made the requisite showing of irreparable harm finding that SEVIS termination had resulted in the loss of unique opportunities for plaintiff to work with her advisor and further her doctoral training and professional development. 

    Topics:

    Employment of Foreign Nationals | Faculty & Staff | International Students

  • 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 Programs

  • Date:

    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 Programs

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