Harvard fights Trump on shaky ground over foreign student visa certification

A federal judge has upheld a court order blocking President Donald Trump from stripping Harvard University of its ability to sponsor international student visas. U.S. District Judge Allison D. Burroughs extended her earlier restraining order, which prevents the Trump administration from revoking Harvard’s certification under the Student and Exchange Visitor Program (SEVP). This certification enables colleges to sponsor international students for U.S. visas during their enrollment.

Judge Burroughs, an Obama appointee, stated that she would maintain the status quo while both parties confer and submit either a joint proposed preliminary injunction order or individual proposed orders. This update from the court is not considered a loss for the Trump administration at this point.

The issue at hand revolves around whether the Trump administration has valid grounds to revoke Harvard’s SEVP certification. Officials from the Trump administration have accused Harvard University of “fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus,” according to a statement from DHS Secretary Kristi Noem.

Legal experts have highlighted that foreign students have fewer protections than U.S. citizens, which leaves Harvard vulnerable to government intervention as long as the Trump administration meets certain procedural requirements. The SEVP program falls under the authority of the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), giving the administration significant discretion to certify, extend, or revoke a university’s participation based on the conduct of its foreign student visa holders.

Foreign students studying in the U.S. do not have the same First Amendment protected free speech rights as U.S. citizens, as their status is sponsored by their university. The Trump administration has demanded that Harvard submit evidence and argue why its SEVP certification should not be revoked within 30 days. However, it remains unclear if this action alone satisfies the necessary procedural requirements under the Administrative Procedure Act.

The court must also consider the conduct of foreign student visa holders and determine if they are involved in serial violations of immigration law or supporting foreign terrorist organizations or totalitarian governments. Harvard’s lawyers have argued that revoking their SEVP program would harm roughly 7,000 international students at the school and would breach administrative procedure by not granting adequate notice before revocation.

The uncertainty surrounding the case could prompt foreign students in the visa program to transfer to other universities not targeted by the Trump administration. Student visa holders are typically given around 180 days after their status is revoked to leave the country or risk violating the law, making the outcome critical for thousands of students.

Legal experts agree that the court is navigating uncharted territory, with no clear precedent for such a case. The decision will ultimately depend on how the Trump administration and Harvard proceed before the court can determine if the government followed the law.

While the outcome remains uncertain, the case highlights the potential chilling effect on students considering attending Harvard if the SEVP certification is revoked. The matter is complex and will require further examination to ensure that all parties are treated fairly and in accordance with the law.