Harvard sues Trump over ban on foreign students

Harvard University has successfully obtained a court injunction temporarily blocking the Trump administration’s plan to prevent the university from enrolling international students.

US District Judge Allison Burroughs granted the ruling on Friday, halting the government’s move amid a growing legal battle between the prestigious institution and the administration. The judge ruled that Harvard would suffer “immediate and irreparable injury” without the temporary restraining order, effectively pausing the ban until a further hearing.

The decision came shortly after Harvard filed a lawsuit challenging the Department of Homeland Security’s (DHS) attempt to bar the school from admitting foreign students. The university argued that the ban violated its constitutional rights and due process protections. Harvard President Alan Garber had earlier promised the move would be met with a legal challenge.

The lawsuit alleges that the government’s actions are retaliatory, accusing Harvard of exercising its First Amendment rights by rejecting federal demands to control the university’s governance, curriculum, and faculty ideology.

Last Thursday, DHS Secretary Kristi Noem notified Harvard that its incoming international students would be banned from enrolling, and that existing foreign students must seek enrolment elsewhere. Approximately 7,000 international students at Harvard would be affected by the policy.

Noem accused Harvard of fostering a “hostile” environment for Jewish students, citing the university’s association with pro-Palestinian protests following Hamas’s October 7, 2023, attack on Israel and the ensuing conflict in Gaza. Additionally, Noem claimed Harvard failed to provide records on foreign students’ alleged illegal or violent activities, including threats or disciplinary actions. Garber countered that the university had fully complied with legal requests.

Tricia McLaughlin, DHS Assistant Secretary for Public Affairs, dismissed Harvard’s lawsuit as an attempt to undermine presidential authority, affirming the administration’s resolve to enforce the ban on foreign students.

“It is a privilege, not a right, for universities to enrol foreign students and benefit from their tuition fees that help bolster their multibillion-dollar endowments,” McLaughlin said. She insisted that the Trump administration is committed to reforming the student visa system, declaring, “No lawsuit, this or any other, will stop us.”

The ban has sparked widespread criticism from academic institutions and international student bodies. Meanwhile, the Hong Kong University of Science and Technology has extended an open invitation to Harvard’s current and prospective international students.

International students are vital to US universities, contributing significant tuition revenues. Harvard alumni group, the 1636 Forum, estimates that foreign students generate over $300 million annually in tuition fees, with an additional $170 million from business school fees. The ban threatens to jeopardise these crucial income streams.

This lawsuit is Harvard’s second legal challenge against the Trump administration. The university also sued last month over government attempts to impose oversight it claims would undermine academic freedom. Meanwhile, the administration has frozen more than $2.2 billion in federal funding to Harvard.