Judge blocks DHS from implementing final rule ending Duration of Status
On September 14, 2026, the U.S. District Court granted a nationwide preliminary relief halting the implementation of the Department of Homeland Security’s (DHS) final rule ending Duration of Status (D/S). The court blocked the DHS rule, set to take effect on September 15, citing concerns about the government’s rationale for the final rule and its claimed need to safeguard national security.
This preliminary relief stems from litigation brought forward, last month, by a coalition of associations and unions led by Alliance member, NAFSA: Association of International Educators. The coalition’s lawsuit included a complaint and a motion for preliminary injunction challenging DHS’s final rule ending D/S. It argued that the final rule violates the American Procedure Act since the agency did not properly weigh the cost and benefits, respond to public comment, consider less burdensome alternatives, or justify the rule based on its objectives.
Now that the motion for a preliminary injunction has been granted, what does this mean for D/S going forward?
The preliminary relief is an indefinite pause on the implementation of DHS’s final rule ending D/S. This means the Duration of Status framework remains in place throughout the country while the legal process moves forward. The next court date is scheduled for October 2, 2026.
That October 2 date should not be treated as the preliminary relief’s expiration date, as the relief is designed to halt the final rule while the entire legal process plays out.
The federal government is expected to appeal this decision.
To learn more about the preliminary relief, the legal challenge, and DHS’s final rule ending D/S, visit NAFSA’s website and/or Presidents’ Alliance on Higher Education and Immigration’s website.
