Lawsuit Challenges ICE CPT Restrictions for International Student Internships

• Higher education organizations have filed a lawsuit challenging recent ICE guidance that significantly narrows eligibility for Curricular Practical Training (CPT), arguing the changes could disrupt internships and practical training opportunities for international students.  

Lawsuit Filed for CPT Restrictions for International Student Internships 

Several higher education organizations have filed a federal lawsuit challenging recent U.S. Immigration and Customs Enforcement (ICE) guidance that narrows eligibility for Curricular Practical Training (CPT), a work authorization option that allows F-1 students to participate in internships and other academic training opportunities. The plaintiffs argue the policy change could disrupt internship programs, limit experiential learning opportunities and create uncertainty for employers that recruit international student talent.  

The lawsuit was filed by 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). 

What Changed for Curricular Practical Training (CPT)? 

The lawsuit challenges two ICE Student and Exchange Visitor Program (SEVP) broadcast messages issued on Aug. 12 and Aug. 24, 2026, which introduced a new interpretation of CPT eligibility requirements. According to the complaint, ICE now takes the position that CPT may be authorized only when practical training experience is required for all students in a degree program, rather than as an elective academic component.

Under the longstanding CPT framework, international students could generally participate in internships, practicums and other experiential learning opportunities that were directly related to their academic programs and approved by their institutions.  

Key Arguments in the CPT Lawsuit 

The plaintiffs argue that the administration’s actions: 

• Represent a significant departure from more than 35 years of CPT policy and practice.  
• Were implemented without formal rulemaking or a public notice-and-comment process.  
• Violate the Administrative Procedure Act (APA).  
• Create uncertainty for designated school officials (DSOs) responsible for student immigration compliance.  
• Have already caused colleges and universities to suspend or halt CPT authorizations.  
• Risk causing international students to lose internships and practical training opportunities connected to their studies.  

Impact on International Students and Employers 

According to the filing, the policy shift has already affected international students whose internships and training placements were scheduled for the current academic year. Educational organizations warn that restricting CPT eligibility could reduce access to hands-on learning opportunities that help students gain real-world experience in fields such as: 

• Computer science 
• Business 
• Public policy 
• Healthcare 
• Arts and related disciplines 

The complaint further argues that U.S. employers, research institutions and community organizations benefit from the skills and perspectives international students bring through CPT-authorized training opportunities.  

What Happens Next? 

The plaintiffs are seeking court intervention to: 

• Prevent further implementation of the new CPT interpretation. 
• Restore the previous CPT framework relied upon by colleges and universities. 
• Protect institutions and students from potential penalties related to past CPT authorizations. 
• Preserve access to practical training opportunities for international students.  
• The litigation is in its early stages, and additional court filings and rulings are expected in the coming months.  

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