A coalition of higher education leaders filed a lawsuit in Boston challenging the United States government’s recent interpretation of foreign student internships.
Four major U.S. higher education associations are behind the lawsuit on foreign student internships.
The case, Association of American Universities et al. v. U.S. Department of Homeland Security et al., was filed October 5, 2026, as a challenge under the Administrative Procedure Act.
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 against U.S Immigration and Customs Enforcement (ICE), the Department of Homeland Security and the Department of Justice.
What changed
At the center of the dispute is Curricular Practical Training (CPT), which lets international students do internships and other work-based learning connected to their academic programs.
ICE emailed messages to university administrators in August that abruptly shifted CPT requirements. ICE said it had seen a rise in schools issuing authorizations that fail the rule that work be an “integral part of an established curriculum.”
The regulation’s text hasn’t changed, but ICE’s reading of “integral” appears to have.
The plaintiffs say the change departs from a framework schools have relied on for more than 35 years. It could block students from academically supervised internships that are elective rather than required for graduation. The messages also warned that schools found in violation could be investigated and lose certification to enroll international students.
“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.
Impact on campuses
Some institutions have already paused or halted CPT authorizations, and some students have lost internships secured months earlier. The head of the independent colleges group said the messages caused “substantial disruptions” on Massachusetts campuses. The plaintiffs also say the shift creates uncertainty for employers that recruit international student talent.
The stakes are large. ICE statistics show 130,586 foreign students received work authorization through CPT in 2024, with Amazon, Tesla and Google among the top employers.
What the plaintiffs want
They are asking the court to prevent retroactive penalties and let international students keep access to academically relevant practical training. They argue the administration imposed the restrictions abruptly and unlawfully, presenting a regulatory shift as “reminders.”
The suit follows a proposal days earlier to charge universities $70,000 for each international student they recommend for Optional Practical Training (OPT), plus a $30,000 annual fee for extensions of a student’s initial OPT period.
It isn’t the first time higher education has taken ICE to court over international student rules. In 2020, Harvard and MIT were the first to sue over an ICE directive on in-person coursework, and many colleges and more than 70 associations backed them. That guidance was rescinded on July 14.
