- A New York federal court blocked the Education Department from demanding green cards from Jay Treaty students.
- The judge on September 1, 2026 vacated the policy and granted summary judgment to the plaintiffs.
- Schools must still allow at least 30 days for documentation if SAVE returns an ineligible result.
A Federal Court in New York has blocked the Education Department from requiring Jay Treaty students to show green cards or other Department of Homeland Security documents before receiving federal student aid.
The U.S. District Court for the Northern District of New York granted summary judgment to the plaintiffs on September 1, 2026. The order vacated the policy in its entirety.
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The case, Rourke-Rodriguez et al. v. U.S. Department of Education, involved members of New York’s Saint Regis Mohawk Tribe. The policy had required them to obtain DHS-issued immigration documents before accessing aid.
That requirement included a green card or a temporary I-551 stamp. The ruling returns these applicants to the prior treatment used for certain American Indians born in Canada.
The court found the policy unlawful on two independent grounds. The department failed to adequately explain its departure from a longstanding practice, and it exceeded its authority under the Higher Education Act.
The court held that the Education Department’s change was unlawful because the department did not adequately explain the shift from its long-standing practice and because the new documentation requirement exceeded its authority under the Higher Education Act.
The ruling removes an extra immigration-document hurdle
The order means eligible applicants should no longer have to obtain lawful permanent resident documentation from DHS solely to qualify for federal student aid. The change affects Title IV aid, the federal student-aid programs covered by the ruling.
The affected category concerns American Indians born in Canada who qualify as eligible noncitizens under existing federal-aid guidance and the Higher Education Act framework. Their eligibility does not depend on first presenting a green card under the vacated policy.
The order does not create a new category of aid recipients. Instead, it restores the prior approach that the department had changed through the challenged policy.
The ruling also addresses the agency’s power to impose additional proof requirements. The court concluded that the Higher Education Act did not authorize the department to add immigration-document demands beyond what Congress allowed.
| Case detail | Court record |
|---|---|
| Decision date | September 1, 2026 |
| Case | Rourke-Rodriguez et al. v. U.S. Department of Education |
| Court | U.S. District Court for the Northern District of New York |
| Result | Summary judgment for plaintiffs |
| Relief | Policy vacated in full |
Federal aid guidance still lists the Canadian-born category
The 2026–2027 Federal Student Aid Handbook continues to list “Certain American Indians Born in Canada (Jay Treaty students)” as an eligible noncitizen category.
That handbook identifies the category within the federal-aid eligibility framework. The court’s order aligns the documentation process with that listing by removing the extra green-card-style demand.
The handbook also describes what schools must do when the Systematic Alien Verification for Entitlements, or SAVE, process produces an ineligible result. Schools must allow at least 30 days for the student to provide documentation supporting an eligible noncitizen status.
That verification process remains part of the aid review. The additional demand for a green card or temporary I-551 stamp does not.
The decision limits the department’s room to add eligibility demands
The ruling applies the Administrative Procedure Act’s requirement that agencies adequately explain changes from established policy. It also tests whether the department stayed within the statutory authority Congress gave it.
The two grounds operate independently. Even apart from the department’s explanation for changing course, the court found that the documentation requirement exceeded the agency’s authority under the Higher Education Act.
The plaintiffs therefore won summary judgment, rather than only a temporary pause in enforcement. The court vacated the policy in full.
The case’s tribal context places the aid dispute within the experience of members of the Saint Regis Mohawk Tribe. The affected students are American Indians born in Canada who fall within the eligible-noncitizen framework described in federal guidance.
Schools may still need to review documentation in individual applications, particularly when verification produces an ineligible result. Students facing an aid dispute or a separate immigration issue should obtain case-specific legal advice.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
