Washington Update 

APLU Sends Letter to Congress on Pocket Rescission of TVI International Education Program Funds  
APLU sent a letter to Congress on October 12 to correct the record on the mission, purpose, and achievements of the Title VI international education programs affected by the administration’s recent pocket rescission. The letter urges Congress to pursue remedies as part of the FY27 appropriations process and conduct appropriate oversight of the administration’s decision to withhold funding. 

APLU’s letter also highlights the programs’ historic contributions to U.S. interests and expresses disappointment that the White House Office of Management and Budget rescinded the funds after launching rescoped grant competitions this past summer. Despite awards being promised before the end of the fiscal year, approximately $70 million of that funding was included in the rescissions package. Finally, the letter illustrates the significant resources that APLU members invested to respond to the administration’s revised priorities in good faith in collaboration with state governments, only to have it withdrawn less than four months later in the final days of the fiscal year. 

Background: On September 26, President Trump announced an $810 million pocket rescissions package that included approximately $70 million for Title VI international education programs. The funding was expected to be awarded by the U.S. Departments of Education and State in FY26, following significant disruptions in FY25. 

After advocacy by APLU, member institutions, and coalition partners, the administration released two redesigned funding opportunities this summer. Despite institutions competing under the revised priorities, the administration included the funds in its rescissions package, mischaracterizing the programs as having, “deviated from their core mission and instead support woke and wasteful projects.” 

A pocket rescission refers to an attempt to withhold appropriated funds until the end of a fiscal year, when they may become unavailable for expenditure without further congressional action. Upon reviewing the action, the Government Accountability Office found that the Impoundment Control Act does not grant the president the pocket rescission authority claimed by the administration. 

On September 30, California and six other states filed a lawsuit challenging the action, alleging violations of the Constitution and federal law and seeking the release of funds they allege are unlawfully withheld. 

Administration Announces Investigations into University J-1 Visa Use; Suspends PERM for Eight Private Employers  
On October 8, the Trump administration announced investigations into the use of J-1 visas at nine universities, including four APLU members. During a White House news conference, Vice President JD Vance alleged that universities are using J-1 visas for research and graduate-level positions in ways that “undercut the wages of American grad students and American researchers.” Labor Inspector General Anthony D’Esposito said, “Subpoenas have been served. Investigations are underway,” including reviews of whether “foreign influence, improper financial relations, or visa abuse” are affecting federally funded research. 
 
The Big Picture: The announcement also included actions targeting the H-1B and PERM programs. The U.S. Department of Labor announced the suspension of PERM participation for eight companies, including Microsoft and Adobe, while Attorney General Todd Blanche said the U.S. Department of Justice is “actively investigating companies” that may favor foreign workers. The press conference also comes as the administration has taken steps to promulgate a rule to “[improve] protections for U.S. workers” by making changes to PERM and has taken numerous executive actions targeting the H-1B program. 

Senate Passes the Protect College Sports Act 
On September 28, the Senate passed the Protect College Sports Act (S.4668) in a bipartisan 77-22 vote. The bill would set federal rules for NIL deals, athlete compensation, recruiting, eligibility, and transfers. It would cap agent fees at five percent and limit school spending on athletes to $50 million a year. It would also require institutions of higher education to keep a minimum number of sports, a measure aimed at protecting women’s and Olympic programs. 

The legislation now moves to the House, which is on recess until after the November midterm elections. Though President Trump has endorsed the bill, its chances of passing are unclear as House members are divided over how Congress should address this issue.  

U.S. Department of Education announces new “Defend the Spend” Memo 
On September 28, the U.S. Department of Education (ED) issued a memo requiring all grantees to submit a written justification for every drawdown of federal funds starting November 1, 2026. The new requirement comes from the administration’s previous executive order, known as “defend the spend.”  

The new requirements may lead institutions to build additional time into their drawdown schedules. Each payment request must include the program name, expense categories and amounts, the dates the expenses were incurred, and a justification. If ED requires a justification, the grantee will receive an email asking for more details, and the payment will be processed once the request is updated. ED published a PowerPoint to help guide grantees through the process. 

Government Files Appeal of Preliminary Injunction in Duration of Status Case 
On September 30, the government filed an appeal to the First Circuit on the nationwide preliminary injunction issued earlier that month in the case challenging the final rule on Duration of Status, Presidents’ Alliance on Higher Education and Immigration v. United States Department of Homeland Security. The case was brought by NAFSA, the Association of International Educators, the Presidents’ Alliance, and other co-plaintiffs.   

Why It Matters: The regulation replaces “duration of status” admission for J (exchange visitor), and F (student), and I (media) visa holders with a fixed period of admission, up to the length of the program of study, not to exceed four years. The rule also imposes certain restrictions on F-1 visa holders’ ability to change programs, among other provisions. A detailed explanation of the final rule is available on the U.S. Department of Homeland Security’s webpage. 

Federal Judge Temporarily Halts USDA Reorganization 
In a case brought by the American Federation of Government Employees, AFL-CIO, et.al., late Tuesday night, the U.S. District Court of the Northern District of California temporarily halted the Trump administration’s plans to reorganize the U.S. Department of Agriculture (USDA). The administration has sought to break up the agency’s Washington, DC area presence, sending individual agencies and their employees to five regional hubs across the country. The court noted in its decision that “the statutory language restricting USDA’s reorganization activities expires in about two months, on December 11, which is the length of the current Continuing Resolution. As such, whether Congress extends the relevant language may be determinative to USDA’s plans.  

Go Deeper: The Trump administration stated its intent to reorganize USDA in July 2025, with the declared goal of sending individual USDA agencies far from Washington and “into great American cities across the country”. Tuesday’s ruling halted efforts to relocate the Forest Service; the Food and Nutrition Administration; the Agricultural Research Service, including the Beltsville Agriculture Research Center; the Foreign Agricultural Service; Rural Development; the Office of the General Counsel; the Office of the Assistant Secretary for Civil Rights; as well as the mission areas Research, Education and Economics, and Farm Production and Conservation.  

The court’s ruling only halts the relocation through December at which point USDA may be free to proceed with its relocation plans if does not extend blocking language.  

Court Temporarily Blocks Release of Foreign Donor Names 
On October 1, the U.S. District Court for the District of Columbia granted a temporary restraining order (TRO) blocking the U.S. Department of Education from publicly releasing the names of individual foreign donors to U.S. universities that were reported under Section 117 of the Higher Education Act. In granting the TRO, the court found the plaintiff was likely to succeed on the merits. The order delays release for at least 28 days while the case proceeds.  

The order follows a lawsuit filed by the Association of American Universities (AAU), challenging the Department’s plan to disclose donor names and addresses reported under Section 117 of the Higher Education Act. Per the court ruling, “Defendants and their officers, agents, employees, and all persons acting in concert with them are hereby ENJOINED from publishing, disclosing, or otherwise making publicly available, the names or any other identifying information of foreign donors and contract counter-parties that was reported by AAU’s member institutions under Section 117 of the Higher Education Act, 20 U.S.C. § 1011f, and that has not previously been publicly disclosed, and from taking any other action to effectuate the Department of Education’s recent decision to publish that information.” 

Associations File Lawsuit Challenging Curricular Practical Training Changes Made through Broadcast Messages 
The Association of American Universities (AAU), Presidents’ Alliance on Higher Education and Immigration, NAFSA: Association of International Educators, and the Association of Independent Colleges and Universities in Massachusetts (AICUM) filed a lawsuit on October 5 against the United States Immigration and Customs Enforcement, the Department of Homeland Security, and the U.S. Department of Justice on changes made to Curricular Practical Training (CPT) through two recent broadcast messages.  

Go Deeper: The plaintiffs filed in the U.S. District Court for the District of Massachusetts and are seeking a stay and preliminary injunction to “restore the government’s longstanding CPT framework, protect students and institutions from retroactive penalties, and ensure that international students can continue to access academically meaningful training opportunities that benefit not only them, but employers, communities, and our entire nation.” Additional details are available through AAU and NAFSA’s webpages. 

APLU Comments on NIH’s Proposed Changes to Reporting Outcomes from Peer Review 
On October 12, APLU submitted comments on the National Institutes of Health (NIH) proposed changes to reporting outcomes from NIH Peer Review. NIH’s proposed policy would modify the peer review process to place a proposal in one of three overall categories of competitiveness and no longer share the underlying impact score with primary investigators or NIH program staff. APLU’s comments recommended that NIH continue to share the underlying impact score with investigators and suggested NIH provide more proposal categories, if this proposed change is implemented so it would better mirror NSF’s current system.  

White House Announces $6 billion in Science Initiatives 
The White House last week announced several science initiatives totaling $6 billion at its Science: A New Golden Age Summit. The summit, which APLU President Waded Cruzado attended, convened scientists, innovators, and tech leaders to discuss OSTP’s recent report Science: A New Golden Age and the Kyoto Vision for a Golden Age of Science. The White House released a fact sheet accompanying the summit’s announcements. Highlights include NSF and DOE accelerated doctoral training programs, investment in AI and quantum research infrastructure, and the announcement of Phase II Genesis Mission Awards.