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SALT LAKE CITY (ABC4) — Foreign students legally studying in Utah on F-1 visas have been fighting in court for permission to play on their high school’s varsity teams since October. On Thursday, a federal court judge granted a preliminary injunction allowing them just that.
The U.S. District Court began looking into the issue in October after Zachary Szymakowski, an Australian student attending Juan Diego Catholic High School on an F-1 visa, filed a discrimination lawsuit in October on behalf of himself and students in his same position.
The lawsuit claims a rule enacted in early 2024 by the Utah High School Activities Association (UHSAA) is discriminatory, as it indirectly prohibits foreign students legally in the United States on an F-1 visa from participating on varsity teams.
On Thursday, Jan. 2, the federal court approved a preliminary injunction temporarily barring the UHSAA from enforcing the rule. The injunction means F-1 students across the state of Utah can play on their varsity teams without the schools facing any repercussions until the lawsuit is settled.
The injunction was granted as the court said the students’ attorneys were “substantially likely to succeed.”
While UHSAA argued that federal law only specifies that students should be allowed to study on the visa, the judge agreed with the plaintiffs that it’s probable the UHSAA rule “violates the Supremacy Clause because it … imposes burdens beyond those Congress contemplated.”
Federal regulations for an F-1 visa only require that students are proficient in English, have sufficient funds to support themselves and maintain residence in a foreign country while temporarily studying in the country.
The judge said, “Nowhere does federal law restrict F-1 students from engaging in interscholastic sports or any other aspect of school life.”
“Beyond granting F-1 students permission to pursue a course of study, those terms grant F-1 students permission to attend the approved American high schools of their choice. Surely, this unique permission at least includes permission to engage in those activities and experiences that are incidental to the American high school experience,” the court said.
While the lawsuit is still pending, this injunction will allow students to participate in varsity sports during the upcoming semester until a final decision is made.