Judge temporarily blocks Trump administration’s foreign students ban at Harvard
by Zach Schonfeld and Lexi Lonas Cochran - 05/23/25 12:15 PM ET
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A federal judge on Friday temporarily blocked the Trump administration’s decision to revoke Harvard University’s certification to enroll foreign students.
Within hours of Harvard filing suit against the move, Boston-based U.S. District Judge Allison Burroughs agreed to halt the revocation until she can receive further arguments. She scheduled a May 29 hearing on whether to grant a longer pause.
Burroughs noted Harvard’s warning that “it will sustain immediate and irreparable injury before there is an opportunity to hear from all parties.”
“Thus, a TRO [temporary restraining order] is justified to preserve the status quo pending a hearing,” the judge, an appointee of former President Biden, wrote in her brief order.
The Department of Homeland Security (DHS) told the nation’s oldest and richest university it would no longer be allowed to admit foreign students on Thursday.
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DHS also told the school with a student body made up of 27 percent international students that all of them would have either transfer schools or leave the country.
Kristi Noem, head of the DHS, said this sort of revocation would not only be reserved for Harvard, calling it “a warning to every other university to get your act together.”
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The school had already been engaged in a legal battle with the administration over its decision to revoke billions in federal funding. But the new development prompted Harvard to seek emergency relief in the escalating clash.
The Hill has reached out to Harvard for comment.
“This lawsuit seeks to kneecap the President’s constitutionally vested powers under Article II,” Tricia McLaughlin, the department’s assistant secretary for public affairs, said in a statement.
“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,” she continued. “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.”
Harvard filed a lawsuit Friday morning, calling the move “retaliatory” and claiming it violates the First Amendment and constitutional due process protections.
“The government’s action is unlawful. We are fully committed to maintaining Harvard’s ability to host our international students and scholars, who hail from more than 140 countries and enrich the University — and this nation — immeasurably,” a spokesperson for the school said.
“We are working quickly to provide guidance and support to members of our community. This retaliatory action threatens serious harm to the Harvard community and our country, and undermines Harvard’s academic and research mission,” they added.
The battle between Harvard and the Trump administration began after the university said it would not agree to demands by the federal government to change its hiring and admissions policies, along with eliminating diversity, equity and inclusion efforts.
The decision may bring relief for international students, who have been in a legal whirlwind since President Trump took office.
The move to try to ban Harvard’s students was just the latest in the administration’s crackdown on foreign students.
Thousands lost legal status under the Trump administration, and some have been detained by federal authorities after they showed support for Palestine on campus.
While the administration has argued it is going after students who have threatened the foreign policy of the country or have shown support for Hamas, federal judges have questioned the government’s evidence for those claims.
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