Harvard alleged the administration was retaliating for protected speech and failed to follow proper procedures.
BOSTON, Ma. — A federal judge said on May 29 that she would maintain a temporary block she had placed on the Department of Homeland Security’s revocation of Harvard’s certification under the Student and Exchange Visitor Program, which allows it to enroll foreign students.
Lawyers for Harvard and the Department of Justice (DOJ) had been scheduled to have a hearing on the potential for a longer-term block. Before the hearing, however, the Trump administration changed its position and told the judge that instead of immediately decertifying Harvard, it would consider the issue through a more lengthy administrative process.
Harvard had sued the administration, alleging that its quick attempt to revoke its certification was in retaliation for protected speech. It also alleged that the revocation, announced by the Department of Homeland Security on May 22, was illegal because it didn’t follow the proper administrative process.
An attorney for the DOJ attempted to argue on May 29 that a court order was unnecessary at this point of the litigation. But U.S. District Judge Allison Burroughs said that she thought the university was encountering some kind of harm under the First Amendment and that she wanted to issue a more permanent block, known as a preliminary injunction.
One of Harvard’s attorneys said he was “quite worried” and that both foreign and domestic students were seeking to leave the university.
Harvard has framed the dispute as an existential threat. In arguing for a restraining order, the university said that “without its international students, Harvard is not Harvard.”
Under the revocation, thousands of international students wouldn’t have been able to enter the country for the upcoming summer and fall terms, the university said. In total, the university hosts 5,000 students from 143 countries as part of J-1 and F-1 visas. It said 2,000 international students were part of optional practice training programs.
Homeland Security Secretary Kristi Noem told the university on May 22 that it was losing its certification under the Student and Exchange Visitor Program (SEVP). Noem based the decision on the university’s purportedly “insufficient response” to a records request from the administration.
“Consequences must follow to send a clear signal to Harvard and all universities that want to enjoy the privilege of enrolling foreign students, that the Trump Administration will enforce the law and root out the evils of anti-Americanism and antisemitism in society and campuses,” she added.
By Sam Dorman
