Harvard challenges Trump administration’s foreign student ban in court

Harvard University on Thursday, May 22, 2025, filed a lawsuit against the Trump administration, contesting a recent decision by the Department of Homeland Security (DHS) to ban enrollment of foreign students.

The university argues that this action constitutes unconstitutional retaliation for resisting political pressure from the White House.

The lawsuit, submitted Friday in federal court in Boston, claims the government’s move violates the First Amendment.

It also claimed that it threatens to have an “immediate and devastating effect” on Harvard and its community of over 7,000 visa-holding students.

Harvard is also seeking a temporary restraining order to prevent DHS from enforcing the decision.

The decision has supposedly caused significant turmoil on campus just days before graduation.

According to the filing, international students are essential to Harvard’s operations and identity.

These students manage labs, teach, support faculty, and participate in athletic programs.

Their sudden exclusion has reportedly placed many in a precarious situation.

It has forced them to choose between transferring to another institution or risking a loss of their legal status in the U.S.

The impact is especially pronounced at Harvard’s graduate schools, such as the Harvard Kennedy School.

There, international students comprise nearly half of the student population, and Harvard Business School, where they make up about one-third.

Additionally, the ban affects thousands of prospective students who planned to enroll in summer or fall sessions.

Harvard asserts that the administration’s decision damages its ability to attract top global talent, potentially discouraging future applicants who fear political retribution.

The university warned that even if its certification is reinstated, it might not be allowed to admit new international students for up to two academic years.

This is as federal regulations prohibit schools from reapplying for certification until a year after it has been revoked.

Currently, Harvard has nearly 6,800 international students on its Cambridge, Massachusetts campus, with most enrolled in graduate programs.

These students represent more than 100 countries.

The DHS justified its action by accusing Harvard of fostering an unsafe campus environment.

Specifically, it cited incidents involving alleged assaults on Jewish students by what it termed “anti-American, pro-terrorist agitators.”

The agency further claimed that Harvard had collaborated with the Chinese Communist Party (CCP).

This pointed to the university’s supposed involvement with members of a Chinese paramilitary group in 2024.

In response, Harvard President Alan Garber stated earlier this month that the university had implemented governance reforms over the past year and a half, including measures to combat antisemitism.

Garber emphasized that Harvard would not compromise on its “core, legally-protected principles” despite fears of government backlash.

The university has said it will respond later to separate allegations raised by House Republicans regarding its alleged connections with the CCP.

The legal dispute was triggered by an April 16 letter from Homeland Security Secretary Kristi Noem.

He demanded that Harvard hand over information about foreign students potentially involved in protests or violent acts that could warrant deportation.

Harvard claims it submitted thousands of data points in response to Noem’s request.

However, on Thursday, Noem stated that the university’s response was inadequate.

Although Harvard contends she provided no specific explanation for that assessment.

The lawsuit criticizes DHS for making vague accusations without offering a clear connection between the alleged campus climate and the punitive action against foreign students.

Harvard insists that the decision lacks a rational basis.

It also insisted that the decision violates existing federal regulations governing the withdrawal of a school’s certification to host international students.

According to those regulations, the federal government can revoke a school’s participation in the Student Exchange and Visitor Program for specific administrative reasons.

The reasons are such as failure to maintain accreditation, inadequate facilities, or not employing qualified staff.

None of those conditions apply to Harvard, the lawsuit contends.

In a subsequent communication, Noem informed Harvard that it could regain the ability to enroll foreign students.

This is if it produces comprehensive records on all foreign students within 72 hours.

Her demand includes documentation such as audio and video recordings of international students involved in any campus protest or behavior deemed dangerous.

This legal action is separate from another ongoing lawsuit in which Harvard is challenging over $2 billion in federal funding cuts imposed by the Trump administration.

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