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The U.S. Court of Appeals for the Fourth Circuit on Monday dismissed the Trump administration's appeal of a lower court ruling blocking a change in policy that would have made it far easier to place international students studying in the U.S. under an “unlawful presence” status in the U.S., a determination that could force them to leave the country and face future three- or 10-year bans on re-entering.
A group of colleges sued to block the policy, and the U.S. District Court for the District of North Carolina permanently enjoined the policy change in February. The government filed a motion to dismiss its appeal of the ruling last week, and the case was dismissed on Monday.
The administration had argued the policy was needed to reduce visa overstays by international students. Colleges argued it could subject international students to multiyear entry bans with no opportunity for remedy based on minor or even accidental violations of their immigration status or discretionary judgments by immigration authorities.
