The Trump administration’s attempt to cancel Harvard’s authority to host foreign students has been put on hold by a federal judge following a lawsuit from the university.
As reported by Fox News, a temporary restraining order now preserves the current student visa program as the case makes its way through Boston federal court.
Harvard, which says more than 7,000 of its students are on visas, claims the policy threatens a quarter of its student body and calls it a violation of the First Amendment, the Due Process Clause, and administrative law. The dispute centers on demands for student disciplinary and protest records, and the alleged failure by Harvard to comply with federal disclosure requests.
Judge’s order shakes up campus
Judge Burroughs’ temporary restraining order was issued after Harvard filed suit, arguing that the administration’s abrupt change to student visa policy would cause irreparable harm to the university and its international students. The hearing is set for Tuesday morning in Boston federal court, with both sides preparing for an intense legal battle.
Harvard’s complaint describes the Department of Homeland Security’s demands as “retaliation” for the university’s refusal to hand over extensive behavioral and protest records of visa-holding students. According to court filings, the requested documents include footage of campus protests, disciplinary actions, and any records of threats or illegal activities involving foreign students over the past five years.
University President Alan Garber, speaking on behalf of Harvard, emphasized that the stakes could not be higher. He described the new federal policy as “pernicious” and a departure from decades of settled practice, warning that it would force thousands of students to transfer or lose legal status by the next academic year.
DHS cites campus safety, antisemitism
Officials from the Department of Homeland Security, led by Secretary Kristi Noem, have defended the move to suspend Harvard’s student visa program as a necessary action to combat antisemitism and uphold the law. Noem said the department requested records in April to ensure the university was addressing threats and illegal conduct by international students.
After what DHS called an “insufficient, incomplete and unacceptable response” from Harvard, the administration gave the university 72 hours to comply or risk losing its authorization to host foreign students. As a result, Harvard was warned it could no longer enroll new international students for the 2025–2026 academic year.
Noem stated, “Consequences must follow to send a clear signal to Harvard and all universities that want to enjoy the privilege of enrolling foreign students, that the Trump administration will enforce the law and root out the evils of antisemitism in society and campuses.” DHS Assistant Secretary Tricia McLaughlin further argued that the lawsuit attempts to undermine the President’s constitutional powers.
DHS Secretary Kristi Noem said,
Consequences must follow to send a clear signal to Harvard and all universities that want to enjoy the privilege of enrolling foreign students, that the Trump administration will enforce the law and root out the evils of antisemitism in society and campuses.
Harvard pushes back on federal demands
For Harvard, the fight is about more than just student visas—it’s about academic freedom and the independence of university governance. University leaders say the administration’s demands intrude on protected speech and academic decision-making, suggesting the policy is retribution for Harvard’s refusal to comply with what it sees as overreaching federal scrutiny.
The university’s legal team claims the new policy was “carried out abruptly without any of the robust procedures the government has established to prevent just this type of upheaval to thousands of students’ lives.” Harvard also accuses the administration of freezing nearly $3 billion in federal research funding and launching investigations across multiple government departments.
In anticipation of the policy shift, Harvard took the unusual step of allowing foreign students to accept admission at both Harvard and a backup university, a departure from its normal single-commitment rule. The university warned that without legal intervention, many students faced an impossible choice between transferring or facing deportation.
Political tensions, legal questions mount
The White House and Congress are closely watching the case, as the Trump administration’s actions have already resulted in the revocation of authorization for at least a dozen Harvard students. Secretary of State Marco Rubio told Congress that “thousands” of student visas may have been revoked and that the administration would “proudly” revoke more if necessary.
Debate continues over whether the federal government is justified in demanding access to protest footage and disciplinary records as a condition for Harvard’s participation in the visa program. University officials argue this would chill free speech on campus and threaten academic independence, while administration supporters say it is a matter of national security and campus safety.