Trump's Harvard U-Turn Is This the End of the International Student Showdown?

Trump Administration Offers Harvard a 30-Day Reprieve in International Student Enrollment Dispute

In a surprising turn of events, the Trump administration has seemingly backtracked on its earlier decision to immediately revoke Harvard University's certification to enroll international students. Just ahead of a scheduled federal hearing, the acting director of U.S. Immigration and Customs Enforcement (ICE) issued a letter granting the prestigious institution a 30-day window to challenge the administration's stance.

This development comes on the heels of Homeland Security Secretary Kristi Noem's announcement last week that Harvard's Student and Exchange Visitor Program (SEVP) certification would be terminated. Noem cited Harvard's alleged failure to comply with information requests, fostering an "unsafe campus environment" for Jewish students, promoting pro-Hamas sympathies, and implementing "racist 'diversity, equity, and inclusion' policies" as justification for the revocation.

Harvard Given 30 Days to Respond

The ICE letter formally notifies Harvard that its SEVP certification is at risk but offers a chance for the university to present its case. According to the notice, Harvard has 30 calendar days to:

• Submit written representations under oath.
• Provide documentary evidence supporting its claims.
• Explain why SEVP should not withdraw its certification.

Failure to adequately address the administration's concerns could result in the withdrawal of SEVP certification, effectively barring Harvard from enrolling or continuing to educate nonimmigrant students.

Judge Plans Preliminary Injunction

Adding another layer to the unfolding saga, U.S. District Judge Allison Burroughs indicated her intention to issue a preliminary injunction that would prevent the Trump administration from revoking Harvard's SEVP certification without adhering to proper legal procedures. "I do think an order is necessary," Judge Burroughs stated at a hearing held shortly after the 30-day notice was issued. "I want to maintain the status quo."

For now, a temporary restraining order issued last week will remain in effect while both Harvard and the Trump administration submit proposals for an order that would prevent DHS from immediately revoking the school’s SEVP certification.

Harvard's Defense and First Amendment Concerns

Harvard's legal team maintains that the administration's actions are part of a broader "campaign to coerce Harvard into surrendering its First Amendment rights." The university argues that the SEVP revocation is unlawful on several grounds:

• Violation of free speech rights.
• Arbitrary policy in violation of the Administrative Procedure Act.
• Denial of due process.

Harvard attorney Ian Gershengorn argued that the Trump administration was unlawfully violating the school's First Amendment rights by retaliating against the school for its decision not to budge to other demands from the government. He called the recent notice "the next step" in the Trump administration's campaign to retaliate against the school.

DOJ Claims Issue is "Moot," Harvard Disagrees

Department of Justice attorney Tiberius Davis argued that the issue had become "moot" due to the administration's decision to pursue the administrative avenue. However, Harvard contends that a restraining order remains necessary to protect its First Amendment rights and the interests of its international students.

Broader Implications and Future Uncertainty

This legal battle extends beyond Harvard, raising concerns about the treatment of international students and academic freedom across the United States. Trump has continued to ratchet up the pressure on the school over the last two months, threatening to revoke the school's tax-exempt status, directing his administration to cancel contracts with the school, and continuing to demand information on international students. Speaking to reporters on Wednesday, Trump suggested that Harvard should cap the number of international students to 15% of the school's total student body.

The judge suggested that the parties might end up back in court once the legal process has played out, to determine if the potential revocation is retaliatory.

As the legal process unfolds, the future of Harvard's international student program hangs in the balance. This case highlights the ongoing tension between national security concerns, immigration policies, and the fundamental principles of academic freedom and due process. The coming weeks will be crucial in determining the long-term implications for Harvard and other institutions hosting international students.

Tags: Harvard University, International Students, Trump Administration, Immigration Policy, Student Visas, SEVP, US Immigration, ICE, Federal Hearing, Visa Compliance

Source: https://abcnews.go.com/US/graduation-day-harvards-lawyers-head-court-defend-foreign/story?id=122307706