Key takeaways from hearing in Harvard's ongoing legal fight with the Trump administration

Yahoo

5 days ago

A federal judge on Thursday said she will order Trump administration officials to not make any changes to Harvard University's international student visa program indefinitely, delivering another legal victory for the embattled school as its commencement unfolded with an air of protest not far away.
The brief court hearing before US District Court Judge Allison Burroughs came after the judge last week temporarily halted the administration's ban on Harvard University's ability to enroll international students. Burroughs made it clear Thursday that even a last-minute reversal of Trump administration demands of Harvard wouldn't be enough, and a court order was necessary.
The international student fight is just one front in a broader ideological battle between the White House and American colleges, with Harvard emerging as a central target. Harvard also is suing the White House over its freeze of $2.2 billion in federal money after the Ivy League school refused to take steps including eliminating diversity, equity and inclusion programs, banning masks at protests and enacting merit-based hiring and admissions changes.
Here are some key takeaways from the closely watched hearing.
Burroughs, of the District of Massachusetts, said Thursday, 'I want to maintain the status quo,' allowing Harvard to continue hosting international students on visas.
Her comments came a week after Harvard argued revocation of its certification in the Student and Exchange Visitor Program was 'clear retaliation' for its refusal of the government's ideologically rooted policy demands.
Harvard argued last week that the administration's decision to drop the school from the Department of Homeland Security's SEVP system violated the law.
Despite the Trump administration 's attempts to defuse the situation by giving Harvard 30 days to respond to its demands, the judge said she is moving forward with putting in place a firm court order – a preliminary injunction – after stepping in on an emergency basis last week.
As attorneys for the Trump administration and Harvard faced off in court, Harvard's commencement program in Cambridge, Massachusetts, was underway across the Charles River, with many international students celebrating their degrees.
The White House ban could impact nearly 7,000 Harvard students whose futures have been flung into uncertainty. The university says it has 9,970 people in its international academic population, and data shows 6,793 international students comprise 27.2% of its enrollment in the 2024-25 academic year.
Burroughs, who was appointed to the bench by former President Barack Obama, has told Harvard's lawyers and the Justice Department lawyers to work out an agreement to stop the revocation of the student visa program for the time being.
'It doesn't need to be draconian, but I want to make sure it's worded in such a way that nothing changes,' she said.
Harvard has assembled a top-notch legal team led by Ian Gershengorn, a well-established Supreme Court litigator and former acting US solicitor general in the Obama administration.
Gershengorn is also notable for the firm he comes from, Jenner & Block, which was the subject of a severely limiting executive order from the Trump White House in recent weeks that was borne out of Trump's personal animus toward some lawyers.
Gershengorn told the judge Thursday that he wants to make sure there are no 'shenanigans' once the court order is in place.
He said the notice of intent to withdraw letter giving the university 30 days to respond to the White House's demands was sent to Harvard at 11:48 p.m. Wednesday.
The Trump administration's actions toward law firms like Jenner & Block and universities like Harvard have galvanized a resistance among a small group of power centers in American culture.
Administration restrictions toward both firms and schools are perceived to be part of a broader political campaign to punish powerful intellectual institutions that have championed diversity, globalization and the rule of law.
Hours before the hearing, the administration said it would give Harvard a month to provide evidence to challenge the administration's attempt to strip the university of its ability to host international students.
The move appeared intended to unravel a legal challenge the school mounted against the White House effort last week. It also represented a sudden reversal of the administration's hardball stance on the student-visa issue.
Justice Department attorneys notified a federal judge early Thursday that the Department of Homeland Security sent the school a 'Notice of Intent to Withdraw' it from the Student and Exchange Visitor's Program.
The five-page notice cited several reasons why the government was moving to strip the university of its ability to host foreign students and gave the school 30 days to respond with sworn statements or other evidence 'to rebut the alleged grounds for withdrawal.'
The notice cited the same alleged issues the administration leaned on in its recent threats, including that the school hadn't complied with reporting requirements for foreign students and that it is not maintaining an environment 'Free from Violence and Antisemitism.'
President Donald Trump has suggested Harvard enroll no more than 'around 15%' of scholars from overseas.
Burroughs said she was concerned potential Harvard students abroad have been unable to get visas from some US embassies abroad since last week, according to Harvard's sworn statements.
The Justice Department said Thursday that the case may be moot because of the administration's latest procedural move to delay the ban. Still, Burroughs indicated Harvard's First Amendment claims may still need to be resolved in court.
But the judge appeared skeptical of the administration's latest procedural move.
'I don't know whether to take that as an acknowledgment procedural steps were not taken,' Burroughs said.
'Aren't we going to end up back here in essentially the same place?' the judge asked.
The university has said it is being unfairly retaliated against. The Justice Department denied the claim, and said they will allow for additional administrative proceedings with the university over the student visa program.
Six miles from the courthouse, Dr. Abraham Verghese – the bestselling author, Stanford University professor and infectious disease expert – began his commencement address by acknowledging Harvard is facing 'unprecedented' times.
He told graduates, 'When legal immigrants and others who are lawfully in this country, including so many of your international students, worry about being wrongly detained and even deported, perhaps it's fitting that you hear from an immigrant like me.'
'Part of what makes America great, if I may use that phrase, is that it allows an immigrant like me to blossom,' Verghese said, nodding to Trump's 'Make America Great Again' slogan. 'The greatness of America, the greatness of Harvard, is reflected in the fact that someone like me could be invited to speak to you.'
CNN's Ray Sanchez, Jennifer Hansler, Rebekah Riess and Andy Rose contributed to this report.