A US judge on Friday (May 23) suspended the Trump administration’s move to block Harvard from enrolling and hosting foreign students after the prestigious university sued, calling the action unconstitutional.
The order provides temporary relief to thousands of international students who were faced with being forced to transfer under a policy that the university called a “blatant violation” of the US Constitution and other federal laws, and said would have an “immediate and devastating effect” on the university and more than 7,000 visa holders.
“Without its international students, Harvard is not Harvard,” the 389-year-old school said in its lawsuit filed earlier on Friday in Boston federal court. Harvard enrolled nearly 6,800 international students in its current school year, equal to 27 per cent of total enrollment.
The US government’s move was the latest escalation in a broader battle between Harvard and the White House, as Trump seeks to compel universities, law firms, news media, courts and other institutions that value independence from partisan politics to align with his agenda. Trump and fellow Republicans have long accused elite universities of left-wing bias.
Harvard has pushed back hard against Trump, having previously sued to restore nearly US$3 billion in federal grants that had been frozen or cancelled. In recent weeks, the administration has proposed ending Harvard’s tax-exempt status and hiking taxes on its endowment, and opened an investigation into whether it violated civil rights laws.
In its complaint, Harvard said the revocation would force it to retract admissions for thousands of people, and has thrown “countless” academic programmes, clinics, courses and research laboratories into disarray, just a few days before graduation.
It said the revocation was a punishment for Harvard’s “perceived viewpoint,” which it called a violation of the right to free speech as guaranteed by the US Constitution’s First Amendment.
The Trump administration may appeal US District Judge Allison Burroughs’ ruling. In a statement, White House spokeswoman Abigail Jackson said, “unelected judges have no right to stop the Trump Administration from exercising their rightful control over immigration policy and national security policy”.
White House deputy chief of staff Stephen Miller claimed that, in granting a temporary pause, “a communist judge has created a constitutional right for foreign nationals … to be admitted to American universities funded by American tax dollars”.
There will be an injunction hearing on May 29, a court filing showed.
In announcing on Thursday the termination of Harvard’s Student and Exchange Visitor Program certification, effective starting in the 2025-2026 academic year, Homeland Security Secretary Kristi Noem, without providing evidence, accused the university of “fostering violence, antisemitism, and coordinating with the Chinese Communist Party”.
Harvard says a fifth of its foreign students in 2024 were from China.
US lawmakers from both parties have expressed concerns about the influence of the Chinese government on US college campuses, including efforts by Beijing-directed Chinese student associations to monitor political activities and stifle academic speech.
The university says it is committed to combating antisemitism and investigating credible allegations of civil rights violations.
HARVARD DEFENDS “REFUSAL TO SURRENDER”
In her brief order blocking the policy for two weeks, Burroughs said Harvard had shown it could be harmed before there was an opportunity to hear the case in full.
The judge, an appointee of Democratic President Barack Obama, scheduled hearings for May 27 and May 29 to consider next steps in the case. Burroughs is also overseeing Harvard’s lawsuit over the grant funds.
Harvard University President Alan Garber said the administration was illegally seeking to assert control over the private university’s curriculum, faculty and student body.
“The revocation continues a series of government actions to retaliate against Harvard for our refusal to surrender our academic independence,” Garber wrote in a letter on Friday to the Harvard community.
The revocation could also weigh on Harvard’s finances. At many US universities, international students are more likely to pay full tuition, essentially subsidising aid for other students.
“It is a privilege, not a right, for universities to enrol foreign students and benefit from their higher tuition payments,” DHS spokesperson Tricia McLaughlin said in a statement.
Harvard’s bonds, part of its US$8.2 billion debt pile, have been falling since Trump first warned US universities in March of cuts to federal funding.
Leaders of the Harvard chapter of the American Association of University Professors called Trump’s action “the latest in a string of nakedly authoritarian and retaliatory moves against America’s oldest institution of higher education.”
Leo Gerden, a Swedish student set to graduate Harvard with an undergraduate degree in economics and government this month, called the judge’s ruling a “great first step” but said international students were bracing for a long legal fight that would keep them in limbo.
