The Association of American Universities (AAU), Presidents’ Alliance on Higher Education and Immigration, NAFSA and the Association of Independent Colleges and Universities in Massachusetts (AICUM) filed the lawsuit on October 5 against US Immigration and Customs Enforcement (ICE), the Department of Homeland Security and the Department of Justice.
At the centre of the dispute is Curricular Practical Training (CPT), which allows international students to undertake internships and other work-based learning connected to their academic programs,
The associations say ICE abruptly changed its interpretation of CPT requirements through two messages sent to universities in August, departing from a framework that institutions have relied on for more than 35 years.
Under the new interpretation, according to the complaint, international students would only qualify for CPT where the practical experience is mandatory for all students on a program. That could prevent international students from taking academically supervised internships or placements where they are elective rather than required for graduation.
The groups say the change has already prompted some institutions to pause or halt CPT authorisations, with some students losing internships secured months earlier.
We are going to court to protect our students and institutions
Miriam Feldblum, Presidents’ Alliance
“We are going to court to protect our students and institutions,” said Presidents’ Alliance president and CEO Miriam Feldblum, adding that the organisations are seeking to restore the longstanding CPT framework.
The lawsuit, filed in the US District Court for the District of Massachusetts, argues that the government introduced the change without formal rulemaking, public consultation or sufficient explanation.
The plaintiffs are seeking to prevent retroactive penalties and allow international students to continue accessing academically relevant practical training.
The lawsuit comes amid mounting uncertainty over international students’ access to work opportunities in the US, just days after the Trump administration proposed charging universities $70,000 for every international student they recommend for Optional Practical Training (OPT).
Under the proposal, institutions would also face a $30,000 annual fee for extensions of a student’s initial OPT period.
