A federal judge has blocked the Trump administration’s attempt to revoke Harvard University’s ability to enroll foreign students.
The temporary restraining order, issued on Friday, prohibits the administration from denying Harvard’s certification in the Student and Exchange Visitor Program — a federal program which enables schools and universities in the U.S. to host visa-carrying international students.
Harvard University sued the Trump administration earlier on Friday over the administration’s move to bar foreign students from enrolling at the prestigious university.
Less than 24 hours after the Department of Homeland Security informed Harvard that it would no longer be allowed to enroll foreign students due to “pro-terrorist conduct” on campus, the university responded by filing a lawsuit that accuses the administration of pursuing a “campaign of retribution.”
The revocation of Harvard’s student visa access, the latest in a series of escalatory measures by the administration, constitutes “clear retaliation for Harvard exercising its First Amendment rights to control Harvard’s governance, curriculum and the ‘ideology’ of its faculty and students,” the lawsuit reads.
“With the stroke of a pen, the government has sought to erase a quarter of Harvard’s student body, international students who contribute significantly to the university and its mission. Without its international students, Harvard is not Harvard.”
The lawsuit represents the next stage of the ongoing battle between the administration and Harvard.
The Department of Homeland Security notified the university of its decision after the university refused to turn over the behavioral records of its foreign students.
“This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus,” DHS Secretary Kristi Noem said in a statement.
“It is a privilege, not a right, for universities to enroll foreign students and benefit from their higher tuition payments to help pad their multibillion-dollar endowments,” she added. “Harvard had plenty of opportunity to do the right thing. It refused. They have lost their Student and Exchange Visitor Program certification as a result of their failure to adhere to the law. Let this serve as a warning to all universities and academic institutions across the country.”
The decision means Harvard cannot enroll foreign students for the next school year, and will also require existing foreign students to transfer, or lose their legal status to reside in the U.S. before the academic year begins.
Noem first demanded that Harvard provide information about the “criminality and misconduct” of foreign students on its campus on April 16. She warned at the time that refusal to comply would result in the termination of the university’s visa program.
The requested records include footage of protest activity involving students on visas and the disciplinary records of all students on visas over the last five years. The administration has also requested any footage or documentation of illegal, dangerous or violent activity by student visa holders and any records of threats or the deprivation of rights of other students or university personnel.
In a letter to the university obtained by Fox News, Noem reportedly gave Harvard 72 hours to provide the information requested in order to reinstate its visa program.
Harvard called the administration’s decision “unlawful” in a statement shared with National Review.
“We are fully committed to maintaining Harvard’s ability to host our international students and scholars, who hail from more than 140 countries and enrich the University – and this nation – immeasurably,” a university spokesman said. “We are working quickly to provide guidance and support to members of our community. This retaliatory action threatens serious harm to the Harvard community and our country, and undermines Harvard’s academic and research mission.”
Harvard announced last month that it would allow foreign students to accept admission to Harvard and a foreign university as a backup amid the administration’s threats over its visa program.
The move is the latest in a bitter battle between Harvard and the Trump administration, which last month terminated $2.7 million in DHS grants for the university. The lawsuit is the second brought by Harvard against the administration in just two weeks.