US Election 2024

Judge pauses Trump move to cancel Harvard student visa program

A federal judge has temporarily halted the Trump administration’s attempt to cancel Harvard University’s student visa program. Harvard took legal action against the administration over the policy, and Judge Allison Burroughs, a 2014 Obama appointee, granted a temporary restraining order to maintain the status quo while the case is litigated in court. A hearing has been scheduled for 9:30 a.m. on Tuesday in Boston federal court.

Harvard argued that the policy would impact more than 7,000 visa holders, nearly a quarter of the student body, and constitutes a violation of the First Amendment, the Due Process Clause, and the Administrative Procedure Act. The Department of Homeland Security (DHS) moved to terminate the program after Harvard allegedly failed to provide extensive behavioral records of student visa holders as requested. DHS gave Harvard 72 hours to comply with the request and re-enter the visa program.

As a result of the policy, Harvard is currently unable to enroll foreign students for the 2025–2026 school year, and existing foreign students must transfer or risk losing their legal status to reside in the U.S. before the next academic year begins. University President Alan Garber announced plans to file a motion for a temporary restraining order to pause the policy while their legal challenge progresses.

Harvard accused the Trump administration of retaliation for exercising its First Amendment rights and rejecting the government’s demands to control the university’s governance, curriculum, and the ideology of its faculty and students. The requested records include footage of protest activities involving students on visas, disciplinary records of students on visas in the past five years, and documentation of illegal or violent activities.

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The university described the policy as “pernicious” and criticized the administration for deviating from established practices without a rational explanation. DHS Assistant Secretary Tricia McLaughlin defended the administration’s actions, asserting that universities do not have a right to enroll foreign students and benefit from their tuition payments. DHS Secretary Kristi Noem emphasized the administration’s commitment to enforcing the law and addressing antisemitism on campuses.

In response to the lawsuit, Noem stated that Harvard did not provide adequate information in response to the DHS’s requests for student records. The Trump administration has taken a tough stance on international student visas, revoking thousands of visas and freezing federal funding to universities. The ongoing conflict between the administration and prestigious universities like Harvard highlights the challenges facing foreign students studying in the U.S.

The administration’s efforts to enforce immigration policies and address campus issues have sparked legal battles and intensified scrutiny of universities’ practices. As the case unfolds in court, the outcome will have far-reaching implications for foreign students, academic institutions, and the administration’s immigration policies.

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