Foreign students can breathe a sigh of relief as a US District Court Judge concluded that DHS did not exceed its statutory authority under the INA in issuing the 2016 STEM Optional Practical Training (OPT) rule, and thus found that both the 12-month OPT and the STEM OPT extension programs are lawful. OPT grants foreign student upon graduation the opportunity to work lawfully for one year and another two years if she/he holds a STEM degree. It was widely feared that OPT program may be taken away under Trump.
In ruling in favor of the Homeland Security Department, Judge Walton noted that DHS enjoys broad authority to enforce immigration law and that its interpretation that student visa holders can participate in employment for “practical training purposes” is long-standing, dating back to at least 1947, and deserving of deference. Judge Walton also noted that Congress has repeatedly amended immigration laws since that time without unsettling DHS’s interpretations, giving credence to the idea that Congress finds DHS’s interpretations reasonable.