Judge blocks Trump administration’s effort to strip Harvard’s foreign student visas – Washington Examiner
A federal judge in Massachusetts has decided to maintain a temporary restraining order against a move by the Department of Homeland Security (DHS) that sought to revoke Harvard University’s ability to enroll foreign students. Judge Allison Burroughs emphasized the importance of procedural fairness, questioning whether appropriate steps had been taken by the DHS. The judge’s ruling follows a formal notice sent by the DHS to Harvard, which allows the university 30 days to respond to the intended withdrawal of its Student and Exchange Visitor Program (SEVP) certification.
Harvard has alleged that the DHS’s actions violate constitutional rights and due process,asserting that foreign students are vital to the university’s diversity and academic environment. These students represent 26% of Harvard’s student body and contribute unique perspectives to campus life. While the judge seeks to prevent any changes to student visa statuses pending the legal proceedings, concerns remain about the impact of the DHS’s decision on the students’ ability to study in the U.S.
Judge blocks Trump administration’s effort to strip Harvard’s foreign student visas
A federal judge in Massachusetts opted to maintain a pause on the Department of Homeland Security‘s order to strip Harvard University of its ability to enroll foreign students.
Judge Allison Burroughs of the U.S. District Court for the District of Massachusetts said in court Thursday that the temporary restraining order she first approved last Friday would remain in place, over objections from Trump administration lawyers.
The judge opted to keep the status quo in place despite DHS sending Harvard officials a formal notice of intent to withdraw the institution’s Student and Exchange Visitor Program (SEVP) certification one day earlier, which Justice Department lawyers argued made the university’s legal challenge moot.
The notice gives 30 days for Harvard to respond with “any sworn statements, documents, or other evidence on which the school relies to rebut the alleged grounds for withdrawal.” In DHS’s letter last week to Harvard regarding its SEVP certification, DHS Secretary Kristi Noem said the certification would be revoked “effective immediately,” but the notice given to Harvard officials Wednesday and filed to the court prior to the hearing Thursday said the agency was intending to remove certification in 30 days.
The university accused DHS of engaging in a “blatant violation of the First Amendment, the Due Process Clause, and the Administrative Procedure Act” with its actions last week to revoke SEVP certification. Harvard also claimed DHS ran “roughshod over the procedural due process protections of fair notice and an opportunity to respond owed” to the university.
Burroughs responded to the claims by Justice Department lawyers in court Thursday with skepticism, saying, “I don’t know whether to take that as an acknowledgment procedural steps were not taken,” according to CNN.
“Aren’t we going to end up back here in essentially the same place?” Burroughs asked, per the outlet, referring to the 30-day notice that the Trump administration gave Harvard regarding its intent to block the enrollment of foreign students.
The judge told both Harvard and the Justice Department to work out an agreement to stop student visas from being revoked in the interim, telling the two sides that the arrangement “doesn’t need to be draconian, but I want to make sure it’s worded in such a way that nothing changes,” per CNN.
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Maureen Martin, the Director of Immigration Services at the university, detailed in a court filing earlier this week how DHS’s order has had a negative impact on the school, with students concerned about their ability to remain in the U.S. despite the court-ordered pause. Burroughs expressed concerns about the ability for students to get their necessary visas to study at the university while the DHS order is paused.
Harvard has said 26% of its current student body is made up of visa holders from 143 countries and said these students offer “unique social, cultural, and intellectual perspectives that enrich classroom discussions, research endeavors, and campus life.”
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