• A federal judge issued a temporary injunction blocking the Department of Homeland Security’s directive to revoke Harvard’s certification to enroll international students, following claims it violated constitutional rights.
• DHS cited alleged issues including lack of transparency, antisemitism, and ties to the Chinese Communist Party, demanding detailed records on foreign students as a condition for reinstatement.
• The case highlights tensions between the federal government and universities, with potential implications for academic freedom, international education, and U.S. higher education’s reliance on foreign student tuition.

A U.S. federal judge issued a temporary injunction on Friday, halting a directive from the Department of Homeland Security (DHS) that removed Harvard University’s certification to enroll foreign students. The decision comes after Harvard filed a lawsuit, claiming the order was unconstitutional and retaliatory.

The injunction was granted by U.S. District Judge Allison Burroughs in Boston in response to the lawsuit filed earlier that day. The university had argued that the DHS action, which could have forced nearly 6,800 international students to leave the school, was an attack on its autonomy and First Amendment rights. Harvard’s lawyers stated, “With the stroke of a pen, the government has sought to erase a quarter of Harvard’s student body.”

DHS Directive and Government Response

Homeland Security Secretary Kristi Noem announced on Thursday that Harvard would be removed from the Student and Exchange Visitor Program (SEVP), citing the university’s alleged failure to comply with federal transparency requirements. Noem alleged that Harvard allowed “violence, antisemitism, and coordination with the Chinese Communist Party” on its campus. Her statement, posted on social media, emphasized, “It is a privilege, not a right, for universities to enroll foreign students.”

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As a condition for reinstatement, Noem demanded that Harvard submit detailed records on its foreign students, including information about participation in protests or activities deemed dangerous. The university was given 72 hours to comply.

Harvard’s Legal Challenge

Harvard’s lawsuit challenges the DHS decision, naming multiple high-ranking officials and federal agencies, including Secretary Noem, the SEVP, and U.S. Attorney General Pam Bondi, as defendants. The university described the directive as “unprecedented” and part of a broader campaign by the Trump administration to influence its governance and curriculum.

Harvard President Alan Garber said in an April statement that the administration had made repeated demands for audits of “viewpoints” on campus, targeting faculty, staff, and students due to their “ideological views.” Garber added, “The University will not surrender its independence or relinquish its constitutional rights.”

International Students and Broader Implications

Harvard enrolls a significant number of international students—approximately 6,800 from over 100 countries, most of whom are graduate students. These students are vital to the university’s academic community, and many contribute to research and innovation.

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The DHS directive could have had a ripple effect on the broader higher education sector in the United States, which depends heavily on foreign student tuition. According to data from the Institute of International Education, international students contributed over $44 billion to the U.S. economy in 2022.

The case also highlights ongoing tensions between the Trump administration and academic institutions, particularly those perceived as resistant to federal policies. This incident follows a prior dispute in which the administration withdrew nearly $3 billion in funding from Harvard.

Controversy Over Campus Protests

Harvard has faced criticism in recent months for its handling of anti-Israel protests following the outbreak of the Israel-Hamas conflict in October 2023. Jewish alumni and students have raised concerns about antisemitism on campus. These controversies have fueled broader discussions about the role of universities in addressing political and social issues.

The DHS directive specifically referenced such protests, alleging that participants could pose a security risk. Critics argue that these actions could set a dangerous precedent for government interference in academic freedom.

Next Steps

The injunction provides temporary relief to Harvard while legal proceedings continue. The university has stated its commitment to defending its policies and protecting its students from what it sees as unconstitutional actions.

Legal experts suggest the case could escalate to higher courts, potentially setting a precedent for the relationship between the federal government and academic institutions. For now, international students enrolled at Harvard can continue their studies without immediate disruption.

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