Lawsuit Filed Against the D/S Rule - Injunction ordered 9/14/2026

UPDATE 15 September 2026

A group of U.S. Senators have filed a joint resolution opposing the pending D/S rule. U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, U.S. Senate Democratic Whip Dick Durbin (D-Ill.), Ranking Member of the Senate Judiciary Committee, and U.S. Senators Richard Blumenthal (D-Conn.) and Sheldon Whitehouse (D-R.I.), members of the Senate Judiciary Committee, introduced a Congressional Review Act (CRA) joint resolution of disapproval to block a regulation. You can read the article here.

UPDATE: 14 September 2026

The litigation filed in the Massachusetts District court was successful in getting a preliminary injunction against the D/S rule. This means the rule will not go into effect, while the court case continues. The next hearing is scheduled for October 2, 2026.

UPDATE: 3 September 2026

A court hearing was held on September 3rd to hear arguments about the request by the plaintiffs for a preliminary injunction against the rule. While no orders have yet been issued, the judge seemed to question the government’s claims about the need for this regulatory change. We will keep you updated as to when the court responds.

18 August 2026

A lawsuit was filed on 18 August 2026 in the U.S. District Court for the District of Massachusetts challenging the legality of the new “Loss of D/S” rule by NAFSA; Association of International Educators, the Presidents’ Alliance on Higher Education and Immigration, and multiple other organizations. The suit is requesting a preliminary injunction to halt the implementation of the rule which is set to take effect on September 15, 2026.

The filing challenges the rule under the Administrative Procedure Act, arguing that the Department of Homeland Security (DHS) failed to properly consider and respond to many public comments on the rule, did not adequately assess the cost and benefits of the rule, failed to consider less burdensome alternatives, and did not adequately justify the rule based on its stated objectives. It also alleges that DHS failed to provide an adequate public comment period and exceeded its statutory authority.

You can read the full complaint on the Presidents’ Alliance website here.

You can read the memorandum in support of the request for a preliminary injunction here.

Read our summary of the Loss of D/S rule here and our FAQ here.