Judge blocks Trump administration's ban on Harvard accepting international students
A US federal judge on Friday blocked the government from revoking Harvard University's ability to enroll foreign students just hours after the elite college sued the Trump administration over its abrupt ban the day before on enrolling foreign students.
US district judge Allison Burroughs in Boston issued the temporary restraining order late on Friday morning, freezing the policy that had been abruptly imposed on the university, based in nearby Cambridge, Massachusetts, on Thursday.
Meanwhile, the Trump administration has accused Columbia University of violating civil rights laws, while overseas governments had expressed alarm at the administration's actions against Harvard as part of its latest assault on elite higher education in the US.
Related: Harvard v Trump: takeaways from university's legal battle over international student ban
Harvard University announced on Friday morning that it was challenging the Trump administration's decision to bar the Ivy League school from enrolling foreign students, calling it unconstitutional retaliation for the school previously defying the White House's political demands.
In a lawsuit filed in federal court in Boston, Harvard said the government's action violates the first amendment of the US constitution and will have an 'immediate and devastating effect for Harvard and more than 7,000 visa holders'.
'With the stroke of a pen, the government has sought to erase a quarter of Harvard's student body, international students who contribute significantly to the university and its mission,' Harvard said in its suit. The institution added that it planned to file for a temporary restraining order to block the Department of Homeland Security from carrying out the move.
The Trump White House called the lawsuit 'frivolous' but the court filing from the 389-year-old elite, private university, the oldest and wealthiest in the US, said: 'Without its international students, Harvard is not Harvard.'
Harvard enrolls almost 6,800 foreign students at its campus in Cambridge, Massachusetts. Most are graduate students and they come from more than 100 countries.
Meanwhile, the Department of Health and Human Services' office for civil rights late on Thursday cited Columbia University, claiming the New York university acted with 'deliberate indifference towards student-on-student harassment of Jewish students from October 7, 2023, through the present', marking the date when Hamas led the deadly attack on Israel out of Gaza that sparked a ferocious military response from the Jewish state, prompting prolonged pro-Palestinian protests on US streets and college campuses.
'The findings carefully document the hostile environment Jewish students at Columbia University have had to endure for over 19 months, disrupting their education, safety, and well-being,' said Anthony Archeval, the acting director of the office for civil rights at HHS, in a statement on the action.
It continued: 'We encourage Columbia University to work with us to come to an agreement that reflects meaningful changes that will truly protect Jewish students.' Columbia University had not yet issued a statement on the citation as of early Friday morning.
Orders by the Trump administration earlier this month to investigate pro-Palestinian protesters at Columbia University raised alarms within the Department of Justice, the New York Times reported. A federal judge denied a search warrant for the investigation.
Earlier this year, Columbia University agreed to a list of demands from the Trump administration in response to $400m worth of grants and federal funds to the university being cancelled over claims of inaction by the university to protect Jewish students.
Burroughs said Harvard had shown it could be harmed before there was an opportunity to hear the case in full. The judge, an Obama administration appointee, scheduled hearings for 27 May and 29 May to consider next steps in the case.
The Harvard Crimson student newspaper reported that the Department of Homeland Security gave Harvard 72 hours to turn over all documents on all international students' disciplinary records and paper, audio or video records on protest activity over the past five years in order to have the 'opportunity' to have its eligibility to enroll foreign students reinstated.
Before Harvard filed suit, the Chinese government early on Friday had said the move to block foreign students from the school and oblige current ones to leave would only hurt the international standing of the US. The Hong Kong University of Science and Technology extended an open invitation to Harvard international students and those accepted in response to the action against Harvard.
On Friday afternoon, despite the judge's ruling, Chinese students at Harvard were cancelling flights home and seeking legal advice on staying in the US and saying they were scared in case Immigration and Customs Enforcement (Ice) agents came to their accommodation to take them away, as they have done to other foreign students.
The former German health minister and alumnus of Harvard, Karl Lauterbach, called the action against Harvard 'research policy suicide'. Germany's research minister, Dorothee Baer, had also, before Harvard sued, urged the Trump administration to reverse its decision, calling it 'fatal'.
Related: Fear on campus: Harvard's international students in 'mass panic' over Trump move
Harvard's lawsuit lists as the plaintiffs the 'President and fellows of Harvard college' versus defendants including the Department of Homeland Security, Immigration and Customs Enforcement (Ice), the Department of Justice and the Department of State, as well as the government's Student and Exchange Visitor Program and individual cabinet members – Kristi Noem, the homeland security secretary; Pam Bondi, the attorney general; Marco Rubio, the secretary of state; and Todd Lyons, the acting director of Ice.
The White House spokesperson Abigail Jackson said on Friday: 'If only Harvard cared this much about ending the scourge of anti-American, anti-Semitic, pro-terrorist agitators on their campus they wouldn't be in this situation to begin with.'
She added: 'Harvard should spend their time and resources on creating a safe campus environment instead of filing frivolous lawsuits.'
Harvard's president, Alan Garber, wrote an open letter to students, academics and staff condemning an 'unlawful' and 'unwarranted' action by the administration.
'The revocation continues a series of government actions to retaliate against Harvard for our refusal to surrender our academic independence and to submit to the federal government's illegal assertion of control over our curriculum, our faculty, and our student body,' it said.
The Associated Press and Reuters contributed reporting
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