Universities sue DHS over narrowed student work training rules
Higher education groups sued the Department of Homeland Security, alleging new guidance unlawfully restricts Curricular Practical Training for international students.
The Association of American Universities and other groups sued the U.S. Department of Homeland Security on October 7, 2026. They allege the agency unlawfully narrowed the Curricular Practical Training program. The lawsuit targets guidance issued in August 2026 that states CPT will only qualify if the training is required for a student's degree completion. The plaintiffs argue this is a sudden, unexplained reversal from the government's longstanding position. They state CPT has always allowed training that is an integral part of the curriculum, regardless of whether it is mandatory for all students. The Association of American Universities and the Presidents' Alliance on Higher Education and Immigration are leading the suit. They said "the agency has unlawfully narrowed the Curricular Practical Training program."
Legal and procedural claims in the suit
The lawsuit claims DHS violated the Administrative Procedure Act by changing eligibility rules without notice-and-comment rulemaking. It seeks to reverse the sudden policy shift. The legal action argues the new guidance represents an unlawful restriction on a program that has historically supported experiential learning tied to studies.
Impact on colleges and international students
Colleges are adjusting CPT authorizations under the new guidance. They risk severe sanctions for non-compliance, including potential loss of ability to enroll international students. Officials overseeing these programs also face personal criminal liability. Many institutions have already narrowed their CPT program authorizations. Columbia University, Michigan State University, and Tufts University are among them. Under the new federal guidance from the Student and Exchange Visitor Program, F-1 students cannot use CPT for internships tied to elective courses. The rule now requires training to be an integral or essential part of a student's course of study, not primarily for employment.
Student experiences under the new rules
Individual students report disrupted plans and growing anxiety. Rebeca Adelaida Urzúa, a senior music major from Mexico, had planned an internship for fall 2023. She received notice of updated CPT rules from Columbia's International Student and Scholar Services. Clare Lake, director of that office, stated the new rules are too strict. Senior fashion studies major Maria Mendoza Ocampo, also from Mexico, expressed concern. She fears the restrictions threaten her ability to gain field experience and career opportunities after graduation. Taeho Pak, a sophomore film and television major from Korea, reported limited work options and fear of reduced opportunities. Before the rule changes, Urzúa completed two internships. She gained professional skills including speaking, multitasking, and real-world application of her studies. The lawsuit cites other affected opportunities, like a law student interning for a judge and an art history major training at a museum.
Judicial response and broader context
A federal judge has temporarily paused the rule changes. The Association of International Educators, including Columbia's Clare Lake, filed a class action lawsuit against DHS and the Student and Exchange Visitor Program. Federal Judge F. Dennis Saylor IV paused the rule changes until a hearing on Friday, Oct. 2. In a September 48-page ruling, Judge Saylor noted foreign students and researchers have made positive economic and technological impacts in the U.S. A spokesperson for Immigration and Customs Enforcement stated the agency does not comment on pending litigation. At Columbia, only specific programs now require internships. These are the interior architecture major, Semester in LA, and the music composition for the screen master's degree program. The rule changes remain paused pending a hearing on Friday, Oct. 2, as ordered by Judge Saylor.
