Judge to block Trump admin's Harvard foreign students ban

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A federal judge in Boston said Thursday that she plans to issue a preliminary injunction blocking the Trump administration from revoking Harvard University's certification to host foreign students. 

Judge Allison D. Burroughs - who was appointed by former President Barack Obama - already granted Harvard University a temporary restraining order last week, preventing the government from revoking the Ivy League school's certification in the Student and Exchange Visitor Program. The program permits the university to host international students with F-1 or J-1 visas to study in the U.S.

Thursday's hearing centered around the Department of Homeland Security (DHS) doubling down in a notice Wednesday night on the administration's intent to withdraw Harvard's certification.  

Burroughs said the temporary restraining order would remain in place for now while both parties confer and submit either a joint proposed preliminary injunction order or individual proposed orders for the judge to consider. 

After then, Burroughs said she would issue a final preliminary injunction order, but the "status quo" will remain as the process is ongoing. 

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On Wednesday, Justice Department lawyers submitted to the docket a letter by Homeland Security Investigations and U.S. Immigration and Customs Enforcement Acting Director Todd Lyons addressed to Harvard's leadership. Lyons listed several "compliance issues," citing the university's alleged failure to follow reporting requirements, alleged failure to "maintain a campus environment free of violence and antisemitism" and "practices with foreign entities raising national security concerns."  

The letter says a joint-government task force found that Harvard "has failed to confront pervasive race discrimination and anti-Semitic harassment plaguing its campus." Lyons says evidence obtained by DHS shows "Jewish students on campus were subject to pervasive insults, physical assault, and intimidation, with no meaningful response from Harvard University's leadership." 

"Meanwhile, pro-Hamas student groups that promoted antisemitism after the October 7 attacks remained recognized and funded," Lyons wrote.

The letter says DHS also obtained evidence that "creates serious concerns that Harvard University has coordinated with the Chinese Communist Party (CCP) and other foreign entities adverse to national security." 

Since January 2020, Harvard has received $151 million from foreign governments - making up more than 13% of the total $1.1 billion received from foreign donors over the same period, according to the filing.

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The letter alleges that Harvard hosted and trained members of the Xinjiang Production and Construction Corps, a "CCP paramilitary group complicit in the Uyghur genocide." Lyons said the university did so even after the group's 2020 designation on the U.S. Treasury's Specially Designated Nationals Lists, "with engagements continuing as recently as 2024."

DHS also claimed Harvard University researchers "collaborated with China-based academics on projects funded by an Iranian government agent and partnered with Chinese universities tied to military advancements, including aerospace and optics research, using U.S. Department of Defense funds." The letter says Harvard also "partnered with individuals linked to China's defense-industrial base, including conducting robotics research with military applications." 

"The above evidence creates serious concerns that Harvard University has collaborated with the CCP and other foreign adversaries," Lyons wrote. 

DHS said Harvard has 30 calendar days to explain why the school's certification should not be withdrawn despite the cited evidence.

"Providing materially false, fictitious, or fraudulent information may subject you to criminal prosecution," Lyons wrote. 

In its lawsuit, Harvard said the revocation would impact more than 7,000 visa holders - more than a quarter of its student body.

About 18% of Harvard's total international student population last year was Chinese, according to reports. 

Lawyers representing Harvard said in Thursday's hearing that international students are "terrified" and are "facing real harm in real time." 

This is a developing story. Check back for updates.