The Department of Homeland Security has proposed a rule that, if enacted, would significantly reshape how foreign journalists, students, and exchange visitors live and work in the United States. PEN America strongly opposes this measure. It poses grave threats to free expression, press freedom, and international academic exchange — all essential pillars of a vibrant democracy.
We hope you will join us in leaving a comment in the federal register (see “How You Can Take Action” below) that states why you are opposed to this unnecessary burden, which has one goal: to create a climate of self-censorship and fear.
What Are the Proposed Restrictions on Visas?
The proposed rule would replace the current “duration of status” system with rigid visa terms of 240 days for most foreign journalists, and 90 days for Chinese reporters. Students and exchange visitors would similarly face fixed admission periods of no more than four years, with no clearly articulated standards upon which extensions would be granted. This would leave the extension process subject to the discretion of immigration agents.
This proposal appears intended to remind these visa holders that their ability to remain in the country depends on staying in the government’s good graces. The result would be to foster fear, discourage critical reporting, and destabilize the academic and cultural exchange networks that benefit Americans nationwide.
Why Visa Restrictions Are a Threat to Free Expression and Journalism
For foreign correspondents, this rule would likely create a climate of self-censorship. Journalists would know that every renewal would be at the discretion of the U.S. government, and could include a review of their articles and reporting. The State Department has already said it will screen the social media and online presence of foreign nationals applying for student and other educational visas, which could persuade journalists from doing their job to report without fear or favor.
That chilling effect is a hallmark of authoritarian systems where governments use visas and permits to silence criticism or dissent. Such restrictions would directly contravene the United States’ historic commitment to the First Amendment and a free press, undermining the very principles that have long defined our democracy.
At the same time, the administrative burden of constant visa renewals would drain time and energy from essential reporting. Journalism thrives on holding leaders to account and on responsiveness to breaking events. If reporters must ration time to navigate visa bureaucracy, their ability to cover news with depth and speed will suffer. Both the chilling effect and the cumbersome administrative burden combine to weaken the watchdog role of the press, perhaps the strongest check against government abuse of power.
How Would Visa Restrictions Affect International Students?
The rule also endangers international students who enrich U.S. universities and communities. Under current policy, students are admitted for the “duration of status” — the length of their academic program, as long as they remain in compliance. The new proposal would instead impose fixed stays of no more than four years, requiring extensions for longer programs.
This change introduces major risks. Students in Ph.D. or joint degree programs, or those conducting extensive research or those who may choose or need to transfer schools, may find their visa expiring before their studies conclude. Extension processes could involve costly delays or denials, jeopardizing years of academic investment. Even minor administrative issues could imperil a student’s legal status, pushing them out of the country despite strong academic standing. Also troubling, the constant threat of visa expiration could chill students’ willingness to pursue ambitious research, publish in campus newspapers or on social media, or engage in other forms of free expression on campus, for fear that their speech might jeopardize their ability to remain in the United States.
This instability undermines America’s reputation as a welcoming destination for global talent, discouraging students who bring diversity, ideas, and innovation to our campuses and local communities.
How You Can Take Action
The Department of Homeland Security is accepting public comments on this proposed rule through Sept. 29. This is your chance to speak out in defense of free expression, academic freedom, and press independence. Here’s how to make your voice heard:
- Go to the Federal Register page for the proposed rule.
- Write your comment in your own words. Explain why press freedom, international education, or both matter to you personally. Authentic, individual comments carry more weight than form letters.
- Raise specific issues of concern. Be sure to include a specific question that you want addressed. If you have multiple questions or topics, you can submit multiple comments into the system. In fact, it’s more impactful if you don’t put multiple topics into a single comment.
- Be respectful and clear. Comments become part of the public record and help show broad public opposition. (Note: If you are concerned, you can submit your comment anonymously.)
At PEN America, we believe that a free press and open exchange of ideas are the lifeblood of a democracy. This DHS proposal undermines both, threatening journalists who report the truth and students who come here to learn. We urge the public to oppose this rule and stand with us in defending the freedoms that keep our society strong.
