Judge to block Trump admin's Harvard foreign students ban

A federal judge in Boston said Thursday that she plans to issue a preliminary injunction blocking the Trump administration from revoking Harvard University's certification to host foreign students. 

Judge Allison D. Burroughs – who was appointed by former President Barack Obama – already granted Harvard University a temporary restraining order last week, preventing the government from revoking the Ivy League school's certification in the Student and Exchange Visitor Program. The program permits the university to host international students with F-1 or J-1 visas to study in the U.S.

At Thursday's hearing, Burroughs said the block on the Trump administration would stand for now.

In its lawsuit, Harvard said the revocation would impact more than 7,000 visa holders – more than a quarter of its student body.

Homeland Security Investigations doubled on its intent to withdraw Harvard’s certification of its Student Exchange Visitors Program. 

Justice Department lawyers submitted to the docket a letter by Homeland Security Investigations and U.S. Immigration and Customs Enforcement Acting Director Todd Lyons addressed to Harvard's leadership on Wednesday. Lyons listed several "compliance issues," citing the university’s failure to follow reporting requirements, failure to "maintain a campus environment free of violence and antisemitism" and "practices with foreign entities raising national security concerns."  

The letter says a joint-government task force found that Harvard "has failed to confront pervasive race discrimination and anti-Semitic harassment plaguing its campus." Lyons says evidence obtained by the Department of Homeland Seucirty shows "Jewish students on campus were subject to pervasive insults, physical assault, and intimidation, with no meaningful response from Harvard University’s leadership." 

"Meanwhile, pro-Hamas student groups that promoted antisemitism after the October 7 attacks remained recognized and funded," Lyons wrote.

The letter says DHS also obtained evidence that "creates serious concerns that Harvard University has coordinated with the Chinese Communist Party (CCP) and other foreign entities adverse to national security." 

Since January 2020, Harvard has received $151 million from foreign governments – making up more than 13% of the total $1.1 billion received from foreign donors over the same period, according to the filing.

About 18% of Harvard’s total international student population last year was Chinese, according to reports. 

DHS said Harvard has 30 calendar days to explain why the school’s certification should not be withdrawn despite the cited evidence.

"Providing materially false, fictitious, or fraudulent information may subject you to criminal prosecution," Lyons wrote. 

Lawyers representing Harvard said in Thursday’s hearing that international students are "terrified" and are "facing real harm in real time." 

This is a developing story. Check back for updates.