The Trump-Harvard showdown: Can US govt halt a university from enrolling international students? What the law says

Time of India

23-05-2025

What is SEVIS and why does it matter?
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Legal uncertainty and potential retaliation
In an unprecedented escalation, the Trump administration has moved to block Harvard University from enrolling international students by revoking a critical federal certification, a move that could leave thousands of students in legal limbo.The Department of Homeland Security (DHS) has stripped Harvard, an Ivy League school, of its ability to access SEVIS, the federal Student and Exchange Visitor Information System, which schools are required to use in order to host international students.SEVIS is a DHS-run database that colleges and universities must use to maintain the legal status of foreign students.It allows schools to log enrollment information for each international student, verifying their eligibility to remain in the United States on student visas. Without access to SEVIS, institutions like Harvard cannot certify that students are enrolled full-time, which is a basic requirement of visa terms.(Join our ETNRI WhatsApp channel for all the latest updates)'Effective immediately,' Homeland Security said, Harvard is no longer certified to use SEVIS. While the students may still technically hold valid visas, Harvard is unable to update their status in the system — making them, in the eyes of immigration enforcement , immediately deportable unless they transfer to another institution or obtain legal relief from the courts.The move, as reported by The New York Times, appears to be a direct pressure tactic by the administration to force Harvard into alignment with its policy priorities. Legal experts say the action could trigger a major court battle.'Harvard will argue that the actions of the secretary are arbitrary and capricious,' Carl Tobias, a law professor at the University of Richmond told NYT. 'A court is likely to find that she lacks the power to eliminate its program for international students.'Stacy Tolchin, an immigration attorney who represents international students, suggested that Harvard may also have grounds for a First Amendment retaliation claim: 'The university would have a clear case challenge for retaliation from DHS based on First Amendment-protected activities.'As of now, Harvard has not publicly announced whether it will sue. The university's spring term ends Monday, leaving international students and faculty scrambling to determine what options remain.With over 6,800 international students — more than a quarter of its total student body — Harvard's global academic standing is directly threatened by this move. Whether the courts will side with the university or uphold the federal government's expansive immigration powers remains to be seen.