The Trump administration attempted to prevent Harvard University from hosting international students by revoking its Student and Exchange Visitor Program certification. Harvard, challenged this action in court, arguing it violated constitutional rights such as due process and freedom of speech, and breached the Administrative Procedure Act. A federal judge temporarily blocked the administration's order, allowing Harvard's international students to remain enrolled while legal proceedings continue. This is separate from the Trump administration's temporary larger freeze on foreign student visas, announced on May 27.
Since taking office, President Donald Trump has targeted universities such as Harvard and Columbia for being too liberal. His actions against Harvard included freezing $2.7 billion of federal funding for research grants in April. He has also banned Harvard from enrolling international students.
Federal Government Bans Harvard From Hosting International Students
The latest step is the Department of Homeland Security (DHS) revoking Harvard’s certification to host international students. On May 22, 2025, Homeland Security Secretary Kristi Noem ordered the DHS to terminate Harvard University’s Student and Exchange Visitor Program (SEVP) certification, claiming that the university promoted pro-terrorist conduct.
This order prevents Harvard from enrolling foreign students under the F-1 and J-1 visa programs for their 2025-2026 academic year. This leaves foreign students with the choice to transfer to another university or risk losing their legal status to remain in the U.S.
This also puts Harvard at a disadvantage. Over 26% of Harvard’s student body is from foreign countries. International students bring in much-needed money to U.S. universities and colleges because these students do not need financial aid.
Harvard’s Response
Harvard quickly brought a lawsuit against DHS, claiming the order is retaliatory and unconstitutional. Harvard’s lawsuit argues that the order violates the due process clause under the Fifth Amendment, freedom of speech under the First Amendment, and the Administrative Procedure Act.
The DHS Order Violates the Due Process Clause
The Fifth Amendment to the US Constitution says, in part, “No person shall be … deprived of life, liberty, or property, without due process of law.” Under the due process clause, the government cannot interfere with a person’s rights without notice and a hearing. Harvard argues that DHS did not provide adequate grounds for the revocation of F-1 and J-1 visas and did not give Harvard the opportunity to respond to the revocation.
The DHS Order Violates the Freedom of Speech Clause
Harvard is challenging the DHS revocation based on the violation of freedom of speech. The First Amendment prohibits the government from infringing on freedom of speech except under certain circumstances. One prohibition is against “viewpoint discrimination,” meaning the government can’t infringe on speech simply because it finds the opinion or viewpoint being discussed objectionable. Harvard claims the Trump administration has sought to control its governance and ideology. President Trump has publicly blasted Harvard on claims that it promotes antisemitism and “woke” ideology. On his Truth Social account, he called for Harvard’s tax-exempt status to be revoked “if it keeps pushing political, ideological, and terrorist inspired/supporting ‘Sickness.’” In the DHS press release, Kristi Noem accuses Harvard of “fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus.”
The DHS Order Violates the Administrative Procedure Act
The Administrative Procedure Act is a federal law that governs how federal agencies create and issue regulations so there are no arbitrary actions. Harvard argues the government was “arbitrary and capricious” by issuing the revocation without a rational explanation. Additionally, the government did not provide a Notice of Intent to Withdraw (NOIW) the certification and did not provide Harvard with an opportunity to respond.
Harvard Complies With Established Reporting Requirements
Harvard further argues in its complaint that they have complied with all the reporting requirements for F-1 and J-1 student visas.
Under the current requirements schools must provide the student’s name, date and place of birth, country of citizenship, the current address where the student resides, the student’s record of coursework, their academic status and, if applicable, the effective date or period if suspended, dismissed, placed on probation, or withdrawn along with the reason for the action.
However, the DHS imposed much more rigorous reporting and surveilling of students which is not part of the certification process. For example, the DHS wanted information about which students attended political protests.
Here Comes the Judge
As with most of Trump’s executive orders and initiatives, it was met with a lawsuit. Harvard filed their lawsuit the day after the DHS order. Harvard President Alan Garber has said the university is reviewing claims of antisemitism on campus but defends free speech on campus.
Federal judge Allison Burroughs issued the temporary restraining order blocking the Trump administration's action. Now, a court will decide the fate of almost 7,000 Harvard international students.
Related Resources
- Federal Education Funding (FindLaw's Education Law)
- Harvard Gathers Notable Conservative Lawyers To Battle Trump (FindLaw Practice of Law)
- Keeping Your Nonprofit Tax Exempt Status (FindLaw's Incorporation and Legal Structures)
