Cases & Developments - National Association of College and University Attorneys

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Latest Cases & Developments

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
Date:
7/10/2025
Department of labor New Interpretation on Personal and Work Opportunity Reconciliation Act of 1996 (Jul. 10, 2025)
The U.S. Department of Labor (DOL) announced that its new 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. Under the new guidance, all grantees funded through the Workforce Innovation and Opportunity Act (WIOA) and related programs must verify valid work authorization before providing participant-level services. The guidance applies to programs including WIOA Title I Adult, Dislocated Worker, Youth programs (including statewide employment and training services funded by the Governor reserve), WIOA National Dislocated Worker Grants, Wagner-Peyser Act Employment Service, Reentry Employment Opportunities and other programs authorized under Section 169 of WIOA, YouthBuild, the National Farmworker Jobs Program, and the Senior Community Service Employment Program. Additionally, The DOL has rescinded Training and Employment Guidance Letter No. 10-23, and replacement guidance has been provided to aid in the work authorization verification for grant programs administered by the Employment and Training Administration (ETA) and applies to: State Workforce Agencies, State Workforce Administrators, State Workforce Liaisons, State and Local Workforce Board Chairs and Directors, American Job Center Director, State Labor Commissioners, WIO Section 167 Migrant and Seasonal Farmworker Program Grantees, WIOA Section 169 Reentry Employment Opportunities Grantees and Other Demonstration Programs, WIOA Section 171 Youthbuild Grantees, WIOA National Dislocated Worker Grant Program Grantees, and Senior Community Service Employment Program Grantees. This policy change is intended to align with Executive Order (E.O.) 14218 “Ending Taxpayer Subsidization of Open Borders” and is 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 | Governance | Government Relations & Community Affairs | Immigration | International Students
Date:
7/10/2025
“Barbara” v. Donald J. Trump (D.N.H July 10, 2025)
Order granting Preliminary Injunction and Provisional Class Certification. Petitioners, several individuals impacted by Executive Order (EO) 14160 “Protecting the Meaning and Value of American Citizenship” request class certification and asked the court to enjoin enforcement of the EO, alleging that it violates the Fourteenth Amendment, the Immigration and Nationality Act, and the Administrative Procedure Act (APA). Following the Supreme Court’s decision in Trump v. CASA, in which the Court held that universal preliminary injunctions were “broader than necessary to provide complete relief to each plaintiff with standing to sue,” petitioners immediately moved for “certification of a class [consisting] of all current and future children who are or will be denied United States citizenship by [the] Executive Order…, and their parents.”’ The court provisionally certified a narrower class consisting of “all current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” Finally, the court granted petitioners request for a preliminary injunction barring respondents from enforcing the EO against the class while litigation is pending.
Topics:
Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students
Date:
6/27/2025
Trump v. CASA, Inc. (Jun. 27, 2025)
Opinion granting Petitioners’ Applications for a Partial Stay of Universal Injunctions. 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 (EO) 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. Federal district courts in the states of Maryland, Washington, and Massachusetts blocked the EO through preliminary injunctions. Upon petitioners’ application for a partial stay of the universal injunction, the U.S. Supreme Court reviewed only whether federal courts have the authority to issue universal injunctions under the Judiciary Act of 1789, and not whether the EO is legal under the Citizenship Clause or Nationality Act. In a 6-3 opinion, the Court held that “universal injunctions likely exceed the equitable authority that Congress has given to federal courts.” Undertaking a historical analysis of the remedies contemplated at the time of the enactment of the Judiciary Act of 1789, the Court explained that nationwide injunctions have been historically used in the U.S. to limit relief to only the parties in the action and that universal injunctions are not “sufficiently ‘analogous’ to any relief available in the court of equity in England at the time of the founding.” The Court further stated that Congress has not granted federal courts the power to issue universal injunctions. Accordingly, the Court instructed the lower courts in each consolidated case to revisit their injunctions to ensure that they extend no further than necessary to provide complete relief to the plaintiffs with standing to sue. Executive Order 14160 will now take effect on July 27, 2025.
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:
6/27/2025
Doc Society v. Rubio (D.C.C. Jun. 27, 2025)
Memorandum Opinion Reversing the District Court’s Determination of Standing. Plaintiffs, Doc Society and International Documentary Association, filed suit against Secretary of State Marco Rubio and the State Department in 2023 to challenge the State Department’s 2019 policy imposing social media vetting for visa applicants. Plaintiffs asserted that the policy exceeded the Secretary’s statutory authority, was arbitrary and capricious under the Administrative Procedure Act (APA), and violated First Amendment rights to speech and association. The district court dismissed the complaint with prejudice for failure to state a claim under the First Amendment or APA, but found that plaintiffs sufficiently alleged organizational standing. Plaintiffs’ standing claim relied on hypothetical scenarios in which third parties may be deterred from using social media or traveling to the United States due to the policy. However, upon appeal, the court found plaintiffs’ standing argument fell short of demonstrating the concrete and redressable harm that is necessary to sustain a First Amendment claim in this context, and reversed the district court’s ruling. The court reasoned that plaintiffs’ claims did not establish a strong enough “logical inference from traceability to establish redressability” to maintain organizational or associational standing. The court further noted that plaintiffs would need to provide more specific allegations to show that “a favorable outcome would redress their claimed injuries.” The case has been remanded for further proceedings, including a determination of whether plaintiffs should be allowed to amend their complaint.
Topics:
Constitutional Issues | First Amendment & Free Speech | Immigration | International Students
Date:
6/20/2025
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 Programs
Date:
6/18/2025
U.S Department of State Announces Expanded Screening and Vetting for Visa Applicants (June 18, 2025)
The Department of State (the Department) announced enhanced vetting procedures for student and exchange visitor visa applicants (F, M, and J categories), placing an emphasis on national security and public safety. Under the new guidance, consular officers will conduct a comprehensive review of applicant’s online presence, with all applicants instructed to set social media accounts as public to facilitate this process. The Department noted that scheduling of F, M, and J nonimmigrant visa applications will resume soon, and applicants should check the relevant embassy or consulate website for appointment availability. In the announcement, the Department underscored that visa adjudication is a matter of national security, and that obtaining a U.S visa is a privilege—not a right.
Topics:
Immigration | International Students

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