SALT LAKE CITY — A federal judge granted a preliminary injunction on Thursday, allowing foreign students legally in the country on F-1 visas to participate in varsity high school sports.
Before this school year, the Utah High School Activities Association implemented a new rule, prohibiting foreign students who are legally in the United States on an F-1 visa from playing in varsity games, if their teams wanted to be eligible to play in the postseason play.
“I made it my number one goal to make sure that everyone could get eligible and from there it was just fighting for our right to play,” said Zac Szymakowski, a senior at Juan Diego Catholic High School.
Szymakowski came to the United States from Australia in 2023.
On October 7, Foley & Lardner, LLP filed a lawsuit in federal court on behalf of Szymakowski against the Utah High School Activities Association. They pointed to the UHSAA rule as constituting illegal discrimination.
A little more than a week later on October 17, he was granted a temporary restraining order against the UHSAA, allowing him to suit up for the school’s football team near the end of the season.
“When I got to run out with them, it meant a lot at the end of football season, a lot of the seniors on that team, while it was their last time running out as well, they, they really became like a second family,” said Szymakowski.
Under the UHSAA’s rule, Szymakowski had been unable to play in varsity games in 2024, after taking part in nine games the previous season at the team’s starting punter and a member of the kickoff team.
In late October, a motion for a preliminary injunction was filed on behalf of Szymakowski and a proposed class of similarly situated F-1 students. On Thursday, that preliminary injunction was granted by Chief Judge Robert J. Shelby.
“I don’t think the New Year’s could have started much better,” said Szymakowski.
Court documents state, in part, that “the Student Visa Eligibility Rule violates the Supremacy Clause because it discriminates against lawfully admitted F-1 students and imposes burdens beyond those Congress contemplated.”
They went on to say that nowhere does federal law“restrict F-1 students from engaging in interscholastic sports or any other aspect of school life.”
In a press release on Thursday, Szymakowski’s attorney said that the court found the plaintiffs are likely to ultimately succeed on their claims that the UHSAA’s rule violates both the Equal Protection Clause and Supremacy Clause of the United States Constitution.
For Szymakowski, that means he is now allowed to suit up this spring for Juan Diego’s varsity lacrosse team.
“It’s definitely a part of the high school experience getting all this sporting stuff like playing JV, I don’t think would give the same experience towards someone, so being able to play for my senior year would be, well, is going to be pretty awesome,” said Szymakowski.
FOX 13 News did receive a statement from the Utah High School Activities Association Thursday night.
“While we respect the Court’s decision, we are disappointed by the outcome. The Association is currently reviewing the ruling and evaluating next steps.”
The preliminary injunction does allow foreign students on F-1 visas to participate in varsity sports, effective immediately, pending the final decision on this case.