The temporary restraining order (TRO) was issued by federal judge Allison Burroughs on June 5, just one day after President Trump’s signing of a proclamation to suspend the issuing of US visas to international students entering Harvard for an initial six months.
During the Massachusetts hearing, Burroughs said Trump’s directive would cause “immediate and irreparable injury” to America’s oldest institution, temporarily blocking it “until there is opportunity to hear from all parties”.
The judge also extended a 23 May restraining order which prevents DHS’s attempt to strip Harvard of its ability to enrol international students, until June 20 or when a preliminary injunction is issued, with a hearing set for June 16.
The June 4 proclamation came in addition to, and aims to circumvent, DHS secretary Kristi Noem’s revocation of Harvard’s SEVP certification, which was also blocked by the courts.
Wednesday’s directive – which incorrectly refers to SEVP as the “Student and Exchange Visa Program” – attempts to bar all new international students, scholars and exchange visitors from pursuing any course of study at the university, for a period of six months.
With the stroke of a pen, the DHS Secretary and the President have sought to erase a quarter of Harvard’s student body
Harvard University
This time, the government framed the ban as a matter of national security, accusing Harvard of collaborating with China. It has repeatedly criticised the institution for failing to root out antisemitism on campus and failing to hand over information on international students.
For its part, hours before judge Burroughs’ ruling, Harvard amended a previous lawsuit, alleging both the June 4 proclamation and the DHS revocation were “part of a concerted and escalating campaign of retaliation by the government” in clear retribution for Harvard’s exercising its First Amendment rights to free speech.
“With the stroke of a pen, the DHS Secretary and the President have sought to erase a quarter of Harvard’s student body,” it reads, in what the complaint calls a “government vendetta against Harvard”.
Last year, Harvard hosted 6,793 international students, totalling over 27% of the entire student body, though Trump has mistakenly called the figure 31%.
Meanwhile, on June 5, Harvard’s President Garber sent a letter to the Harvard community, informing students that “contingency plans” were being drawn up to allow students to continue their studies during the summer and the upcoming academic year.
Reaffirming the “outstanding contributions” of international students, Garber vowed to “celebrate them, support them, and defend their interests as we continue to assert our Constitutional rights”.
