Universities' Challenge to International Student Work Rules Heads to November Hearing

A lawsuit by four higher education associations challenging federal guidance on international students' work training is set for a preliminary injunction hearing November 6, 2026, in Association of American Universities v. U.S. Department of Homeland Security (No. 1:26-cv-14520, U.S. District Court for the District of Massachusetts).

The Association of American Universities, the Presidents' Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts, and NAFSA: Association of International Educators filed the suit October 5 with a same-day motion for a preliminary injunction and stay. They're challenging two U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) broadcast messages, issued August 12 and August 24, 2026, that address Curricular Practical Training (CPT), the work authorization that lets F-1 students take training tied to their degree programs.

The plaintiffs argue the broadcasts limit CPT to training required of every student in a program, departing from a reading of the rule they say the government held for more than 35 years, and that the change violates the Administrative Procedure Act as arbitrary and capricious, impermissibly retroactive, and issued without required process. DHS has described the broadcasts as reminders of existing obligations, and SEVP states the guidance is not a rule or final agency action. Responses to the injunction motion were due October 19.

For Institutional Research and Effectiveness (IR/IE) professionals, the dispute touches international student enrollment, SEVP reporting, and the certification institutions rely on to enroll F-1 students, all areas IR/IE offices often help document. The court will hear arguments on the request to pause the guidance November 6.