A federal judge in Massachusetts on Friday granted Harvard University‘s request to temporarily block the Department of Homeland Security’s decision to strip the University of its ability to enroll foreign students.
Judge Allison Burroughs of the U.S. District Court for the District of Massachusetts said Harvard had successfully shown “it will sustain immediate and irreparable injury” if a temporary restraining order were not granted. Burroughs, who was appointed by former President Barack Obama, granted the order and said it was necessary to “preserve the status quo pending a hearing.”
Homeland Security Secretary Kristi Noem announced Thursday that her agency would revoke Harvard’s Student and Exchange Visitor Program certification after the school failed to address various concerns from the Trump administration regarding antisemitism and diversity, equity, and inclusion policies. Dr. Alan Garber, the university’s president, announced Friday morning that Harvard would sue DHS to block the revocation of its ability to enroll international students and would seek a temporary restraining order in the interim.
The DHS is blocked from revoking the SEVP certification while the court order is in effect. DHS spokeswoman Tricia McLaughlin said in a statement to the Washington Examiner that the Trump administration has “the law, the facts, and common sense on our side” in response to the midday order Friday.
“This lawsuit seeks to kneecap the President’s constitutionally vested powers under Article II. 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,” McLaughlin said in the statement.
“The Trump administration is committed to restoring common sense to our student visa system; no lawsuit, this or any other, is going to change that. We have the law, the facts, and common sense on our side,” McLaughlin added.
HARVARD SUES TRUMP ADMINISTRATION OVER BLOCKING ENROLLMENT OF INTERNATIONAL STUDENTS
Harvard accused the Trump administration of an “unlawful and unwarranted action” by seeking to revoke its ability to have foreign students, saying in court the action violated the First Amendment, the due process clause, and the Administrative Procedure Act.
A hearing on a preliminary injunction for the order has been scheduled for May 29 at a courtroom in Boston.
