The way in which unlawful presence is calculated in the US has returned to the pre-2018 system following the Department of Homeland Security’s motion to dismiss its own appeal against an enjoinment of the Trump administration’s .
The policy change would have made it easier to place international students in the US under an 鈥渦nlawful presence鈥� status 鈥� leaving them open to three and even 10-year bars from the country for violations of status that in many cases they had no way of knowing had been committed.
“We expect the administration to try again and enact a substantially similar flawed policy through regulation”
, US District judge, Loretta Biggs,聽issued a decision permanently enjoining the new unlawful presence policy, which DHS appealed before聽asking for the case to be dismissed.
, calculations will now be based on the 2009 policy where the “individuals admitted for the duration of status do not begin accruing unlawful presence until an immigration judge finds a status violation in the course of an immigration proceeding, or an immigration officer finds a violation of status in the course of an application for an immigration benefit”.
Institutions have challenged the legislation for the past two years that it put well-intentioned international students at risk of being banned from the US due to mistakes and administrative errors.
鈥淭hrough their attempt to revise the unlawful presence policy, the administration sought to enact an 鈥榠nvisible wall鈥� that would have made the lives of our international students more precarious and substantially undermined our nation鈥檚 competitiveness in attracting international students and scholars,” said Jane Fernandes of, one of 65 higher education institutes that challenged the policy in court.
“The government鈥檚 decision to fold and not pursue an appeal represents a small step towards restoring our nation鈥檚 role as a leader in training international talent,” she continued.
“While we expect the administration to try again and enact a substantially similar flawed policy through regulation, these developments represent an important victory for international students and scholars; and the institutions that welcome them.鈥�
The added that it was “extremely gratified” by the development and expressed “deep appreciation” for its members who were involved in the litigation.
BREAKING: Victory! Fourth Circuit dismisses DHS appeal in litigation, letting permanent injunction against USCIS's ULP policy stand. READ OUR FULL STATEMENT:
— Presidents' Immigration Alliance (@PresImmAlliance)
“The Presidents鈥� Alliance is extremely gratified by this development and we express deep appreciation to our members who served as plaintiffs in the litigation… and the 65 higher education institutions and system Board that signed on as amici,” it stated.
