A few miles from a Commencement ceremony that celebrated Harvard’s global ties, U.S. District Judge Allison Burroughs blocked the Trump administration’s efforts to bar the University from enrolling international students.
The legal dispute stems from a May 22 announcement by the Department of Homeland Security (DHS) that it would revoke Harvard’s certification under the Student and Exchange Visitor Program—a move that, if enforced, would prohibit the University from enrolling more than 7,000 international students and scholars. Harvard swiftly sued, and Burroughs issued a temporary restraining order to halt enforcement. Thursday’s hearing was to consider Harvard’s request for a preliminary injunction, which would offer longer-term protection.
“Today’s court decision allows the University to continue enrolling international students and scholars while the case moves forward,” the University said in a statement. “Harvard will continue to take steps to protect the rights of our international students and scholars, members of our community who are vital to the University’s academic mission and community—and whose presence here benefits our country immeasurably.”
Government lawyers seemed to shift their approach to defending the attempted ban shortly before the hearing. Just before midnight Wednesday, DHS sent Harvard a notice that it had 30 days to explain why its certification shouldn’t be revoked. The move seemed intended to counter Harvard’s claim that the government had acted without due process.
At the hearing, government lawyers tried to use the delay to argue that an injunction was no longer necessary. Department of Justice attorney Tiberius Davis argued that the 30-day notice rendered Harvard’s request for an injunction “moot,” as there was “nothing to enjoin”—a claim that prompted laughter from some in the gallery.
Harvard lawyer Ian Gershengorn ’88 pushed back, arguing that the University’s First Amendment rights are already being violated by the Trump administration’s actions, regardless of whether the ban is currently enforced. Harvard is suffering “real harm in real time,” he said, as international students are scared and confused, with some already exploring withdrawing and transferring.
The 30-day delay may also have been a tactic to give the government time develop new justifications for the ban. When Burroughs indicated that she believed an injunction was necessary, Davis argued that such an order could violate the government’s rights. Burroughs pressed him for clarity: Was the government considering alternative methods to block Harvard from enrolling international students? Regardless, she said, the uncertainty surrounding the potential revocation of Harvard’s SEVP certification warranted a broad injunction. “I want something in place, and I want it to be clear,” she said.
Burroughs said she would give both sides a chance to negotiate the terms of the injunction—though a compromise appears unlikely. Given the possibility that the government could revise its rationale or method for barring international students, Harvard may push for broader protections. Government lawyers, by contrast, may argue that such measures are premature, since no ban is currently in effect. If the two sides fail to reach an agreement, Burroughs will decide on the terms of the injunction herself.
The courtroom inside Boston’s John Joseph Moakley U.S. Courthouse was quieter than the fanfare unfolding in Cambridge, but it was similarly charged. The gallery was packed with lawyers from nearby firms, Harvard alumni, and other observers. (“It’s not as much as the Karen Read trial, but it’s a lot,” a summer associate at a nearby firm remarked, referring to a high-profile Massachusetts murder trial taking place a few miles south. A court official apologized for getting “Disney World-esque” as he asked attendees to squeeze five to a bench instead of the usual four. Soon, they were directed to an overflow room.)
After the hearing, outside of the courtroom, TV news crews clustered near the entrance, angling for shots of departing lawyers. Among those leaving the courtroom was Kevin Donahue, a Harvard Business School student wearing a Harvard t-shirt, who came to the hearing to “show support” for his international classmates. He said he was relieved by the result, though uncertain about what comes next.
“I think that we’re all a little skeptical of how much the administration will listen to and obey the injunction,” he said. “But all we can do is try to support the rule of law and the process.”
