Government asks court for summary judgment defending the duration-of-status final rule; rule stays postponed

On October 30, 2026, the Justice Department filed a motion for summary judgment and a supporting memorandum in Presidents' Alliance v. DHS, asking a federal court in Boston to rule for DHS on the final rule that replaces duration of status with fixed admission periods for F and J visa holders (91 FR 44976). The government says DHS weighed the costs and benefits reasonably and considered nearly 22,000 public comments. If the court finds fault, it asks for remand without vacating the rule or relief limited to the plaintiffs. The rule remains postponed under the court's September 14 order, which the government has appealed to the First Circuit. No decision date is set.

Sources: Defendants' Memorandum in Support of Motion for Summary Judgment, ECF No. 67 · Defendants' Motion for Summary Judgment, ECF No. 66