Four higher-education groups sued ICE, DHS and the Justice Department on October 5, 2026 over the August changes to Curricular Practical Training (CPT) that led universities across the country to freeze internship authorizations for F-1 students. The plaintiffs are the Association of American Universities (AAU), the Presidents’ Alliance on Higher Education and Immigration, NAFSA: Association of International Educators, and the Association of Independent Colleges and Universities in Massachusetts (AICUM). They filed in the U.S. District Court for the District of Massachusetts (Association of American Universities v. U.S. Department of Homeland Security, No. 1:26-cv-14520). They filed a motion for a preliminary injunction and a stay on the same day, so this is not a slow-track case.
What is being challenged
The suit targets two SEVP broadcast messages sent to designated school officials (DSOs) on August 12 and August 24, 2026. According to the plaintiffs, the messages reinterpret the long-standing rule that CPT must be an “integral part of an established curriculum.” Under the new reading, CPT is available only when the practical experience is required for all students in a program. A supervised internship or practicum taken for elective credit would no longer qualify. The groups say the federal government had accepted the broader reading for more than 35 years. They also say the messages threatened DSOs and schools with institutional penalties and possible personal liability for practices the government had long allowed.
The complaint’s main arguments, as described by the plaintiffs: ICE changed a decades-old interpretation through broadcast emails, with no notice-and-comment rulemaking. It gave no substantive explanation for the reversal. And it exposes students and schools to retroactive penalties for CPT authorized under the old understanding. The plaintiffs ask the court to restore the prior CPT framework and to bar retroactive enforcement.
Why it matters
As we reported on September 9, UC Berkeley, UC Davis and other universities suspended “Course Credit” CPT after the August messages. The plaintiffs say students have already lost internships they had secured months earlier. CPT is often the first U.S. work experience for international students in computer science, business, health and other fields. For many, it is the start of the F-1 → OPT → H-1B → employment-based green card path that leads to EB-2 and EB-2 NIW petitions. Schools’ compliance stance also affects “Day 1 CPT” programs.
What to watch
The Presidents’ Alliance won a fast result in the same court in September, when the duration-of-status rule was postponed a day before it took effect. That case is now on appeal. Here, the next steps are a briefing schedule and a hearing on the injunction motion. As of October 6, the docket shows summonses issued, attorney admissions, and leave granted to file an oversized brief. Until a court rules, the August guidance stays in effect. F-1 students should get written confirmation from their DSO before starting or renewing any CPT placement, and should keep copies of every I-20 CPT endorsement in case questions come up later at the H-1B or green card stage.
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Source: Presidents’ Alliance press release / CourtListener (D. Mass. 1:26-cv-14520)