A federal judge has temporarily blocked the Trump administration from stripping Harvard University of its ability to enroll international students, issuing a swift rebuke to what the university calls an unconstitutional act of retaliation.
The emergency order, issued Friday by U.S. District Judge Allison Burroughs in Boston, comes just hours after Harvard filed a lawsuit against the Department of Homeland Security (DHS). The lawsuit argues that the administration’s abrupt move to decertify the university from the Student and Exchange Visitor Program (SEVP) was politically motivated and legally baseless.
Without the judge’s intervention, Harvard said, the consequences would have been catastrophic: over 7,000 international students currently enrolled at the university would face immediate uncertainty, and future enrollment would be frozen.
“This is an unlawful and dangerous act that threatens the futures of thousands of our students,” Harvard President Alan Garber said in a statement. “It is a direct attack on our mission, our community, and the American promise of higher education as a global beacon.”
The temporary restraining order grants Harvard at least a short-term reprieve, pending a full hearing scheduled for May 29. Judge Burroughs, an Obama-era appointee, said she acted quickly to prevent “immediate and irreparable injury” to the university and its students.
The administration’s move to revoke SEVP certification followed a sweeping records demand from DHS Secretary Kristi Noem. The department ordered Harvard to hand over extensive information about international students, including data on disciplinary actions, protest participation, and alleged involvement in “illegal” or “violent” activities, dating back five years.
When Harvard resisted, arguing that much of the information requested was protected and not legally required, DHS responded by decertifying the university’s eligibility for the SEVP—a program it has participated in without incident for over 70 years.
In its lawsuit, Harvard accuses the Trump administration of violating the First Amendment, the Due Process Clause, and the Administrative Procedure Act. The filing also claims the administration’s actions were “clear retaliation” for the university’s refusal to comply with what it describes as politically motivated and ideologically driven demands.
“With the stroke of a pen, the government has sought to erase a quarter of Harvard’s student body,” the university’s complaint reads.
International students make up approximately 27 percent of Harvard’s enrollment. Many of them are set to graduate in just days, and the revocation of the university’s SEVP certification would have jeopardized their status and degrees.
This legal clash is only the latest in a series of escalating tensions between Harvard and the Trump administration. The university is already suing the federal government over the sudden freezing of more than $2.6 billion in research funding. Trump has publicly floated the idea of stripping Harvard of its tax-exempt status, citing what he calls its “radical leftist agenda.”
The Trump administration’s broader efforts to crack down on international students have faced mounting criticism. Secretary of State Marco Rubio has pushed for the deportation of foreign students he claims pose ideological threats to U.S. interests. The DHS has also tried to terminate the legal status of thousands of international students through changes to visa records, only to be forced to backtrack by court orders.
Legal experts say the latest move against Harvard marks a significant escalation, suggesting a targeted effort to punish dissent and reshape higher education through administrative force.
Harvard’s legal strategy indicates it’s preparing for a long and possibly historic legal battle. The university has brought in a new legal team from the prominent Chicago firm Jenner & Block, including Ian Gershengorn, a former acting U.S. solicitor general under President Obama. The firm replaces Harvard’s longtime legal counsel Ropes & Gray for this case, though that firm remains on the funding-related litigation.
Judge Burroughs, who has been assigned both cases, is no stranger to high-profile legal disputes involving Harvard. She previously presided over the affirmative action case that ultimately led to the Supreme Court striking down race-based admissions policies nationwide in 2023.
Whether this new case over foreign student enrollment will also reach the Supreme Court remains to be seen, but Harvard is signaling that it will not back down.
“We will use every legal tool at our disposal to protect our students, our faculty, and the integrity of our institution,” Garber said.
As of now, international students can remain enrolled and continue their studies at Harvard, at least until the next court hearing on May 29. But with the administration continuing to push its immigration agenda deep into the domain of academia, the battle over the future of American universities—and who gets to attend them—has entered uncharted territory.
