Harvard is taking the Trump administration to court over its decision to terminate the university’s student visa program.
Harvard said the policy will affect more than 7,000 visa holders — nearly a quarter of the student body — and is a “blatant violation of the First Amendment, the Due Process Clause, and the Administrative Procedure Act,” per its court filing.
The Department of Homeland Security (DHS) moved to terminate the program after Harvard allegedly failed to provide it with the extensive behavioral records of student visa holders the department requested. DHS offered Harvard 72 hours on Thursday to come into compliance with the request and re-enter into the visa program.
As of now, Harvard may no longer enroll foreign students in the 2025–2026 school year, and existing foreign students must transfer or lose their legal status to reside in the U.S. before the next academic year begins.
University President Alan Garber said a motion for a temporary restraining order to put the policy on pause while their court case against it plays out would be filed next.
FEDERAL JUDGE BLOCKS TRUMP ADMINISTRATION FROM TERMINATING INTERNATIONAL STUDENTS’ LEGAL STATUS
“It is the latest act by the government in clear retaliation for Harvard exercising its First Amendment rights to reject the government’s demands to control Harvard’s governance, curriculum, and the “ideology” of its faculty and students,” Harvard wrote in its complaint.
The records requested include any footage of protest activity involving students on visas and the disciplinary records of all students on visas in the past five years.
Requested records also include footage or documentation of illegal, dangerous or violent activity by student visa holders, any records of threats or the deprivation of rights of other students or university personnel.
Harvard called the new policy “pernicious” and accused the Trump administration of departing from “decades of settled practice and come without rational explanation.” It claimed the policy was “carried out abruptly without any of the robust procedures the government has established to prevent just this type of upheaval to thousands of students’ lives.”
DHS Assistant Secretary Tricia McLaughlin said in response to the suit, “This lawsuit seeks to kneecap the President’s constitutionally vested powers under Article II.”
“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 said. “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.”
DHS Secretary Kristi Noem said on Thursday that in April, she requested the records related to visa-holding students, and Harvard’s counsel did not provide adequate information to meet the demand.
After the DHS general counsel asked again for the information, Harvard provided an “insufficient, incomplete and unacceptable response,” she said.
“Consequences must follow to send a clear signal to Harvard and all universities that want to enjoy the privilege of enrolling foreign students, that the Trump administration will enforce the law and root out the evils of antisemitism in society and campuses,” said Noem.
In April, Harvard took action to prepare for the potential of the drastic policy change, announcing it would allow foreign students to accept admission to both Harvard and a foreign university as backup amid the Trump administration’s threats to move to block Harvard’s authorization to host them. Typically, students must accept enrollment at Harvard by May 1 and cannot commit to another university.
At least a dozen Harvard students have had their authorization to study in the U.S. revoked over campus protest activity. Secretary of State Marco Rubio told Congress Tuesday the administration has probably revoked “thousands” of student visas by this point and would “proudly” revoke more.
It is the latest development in the brewing battle between the Trump administration and some of the nation’s most prestigious universities.
The administration has already frozen close to $3 billion in federal funding to the university, largely dedicated to research, and launched investigations across the departments of Justice, Education and Health and Human Services. They claim Harvard has not adequately responded to campus antisemitism in protests or moved to root out diversity, equity and inclusion practices.
