US judge to block Trump administration’s move against Harvard’s foreign student program

A federal soldier adjudicate on midweek extended a cube on the ruff administration’s attempt to revoke Harvard University’s ability to enrol international students, deeming a broad preliminary injunction necessary as the matter moves through administrative review.

US district judge Allison Burroughs, presiding in Boston, issued the decision shortly after the Department of Homeland Security (DHS) signalled it would pursue a lengthier administrative process to strip Harvard of its certification under the federal Student and Exchange Visitor Program.

The move came just ahead of a hearing before Burroughs, coinciding with Harvard’s commencement ceremonies on whether to extend an earlier temporary restraining order.

In a notice sent to Harvard shortly before midnight Wednesday, DHS said it would allow the university 30 days to contest the planned revocation and an opportunity to pursue an administrative appeal.

 Arguing on behalf of the government, justice department lawyer Tiberius Davis claimed the new process eliminated the need for a court order, saying, “There’s now no need for a court order blocking the administration’s actions.”

Burroughs, however, disagreed, voicing doubts that the ultimate outcome would differ, and questioned the administration’s compliance with her prior order. “Aren’t we still going to end up back here at the same place?” she asked. 

Referring to a declaration submitted by Harvard detailing recent visa revocations for incoming students, Burroughs noted it “seems to suggest things are happening in violation of the TRO order, correct?” Davis responded he was unaware of any such violation.

Ian Gershengorn, counsel for Harvard, urged the court to issue an injunction, citing concerns of retaliation. “The First Amendment harms we are suffering are real and continuing,” he said.

Burroughs confirmed her temporary restraining order would remain in place as both parties work to finalise the terms of a broader injunction.

Harvard has argued that DHS’s actions represent an “unprecedented and retaliatory attack on academic freedom,” and the university is separately suing the Trump administration for terminating nearly $3 billion in federal research funding. The school claims the administration is retaliating for its refusal to yield control over governance, curriculum, and campus ideology.

The lawsuit was filed the day after Homeland Security Secretary Kristi Noem announced the university’s certification would be revoked, citing, without evidence, that Harvard was “fostering violence, antisemitism, and coordinating with the Chinese Communist Party.”

Noem also accused Harvard of refusing to provide requested information on its international student population, including details of any illegal or disciplinary activity.

The department’s move would bar Harvard from admitting new international students and require current ones to transfer or lose their legal status. On Wednesday, Trump asserted that Harvard should impose a 15 per cent cap on non-US student admissions.

During Thursday’s commencement, Harvard President Alan Garber acknowledged graduates “from down the street, across the country and around the world,” receiving applause when he added, “Just as it should be.”

With Reuters inputs 

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