Image 01 Image 03

UPDATE: Judge Puts Restraining Order Against Trump Banning Harvard Accepting Foreign Students

UPDATE: Judge Puts Restraining Order Against Trump Banning Harvard Accepting Foreign Students

DHS Secretary Noem said: “This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus.”

*UPDATE* Judge Allison Burroughs, who sided with Harvard regarding affirmative action, placed a temporary restraining order on the Trump administration, revoking Harvard’s SEVP certification.

Burroughs sided with Harvard, agreeing the school “made a sufficient showing that it has provided notice” to the administration that it would “sustain immediate and irreparable injury before there is an opportunity to hear from all parties.”

The judge made the ruling without a Trump lawyer present. As I stated in my blog yesterday and today, DHS gave Harvard 72 hours to respond to requests.

As Margot Cleveland pointed out, there is “no reason the court couldn’t have set [an] afternoon hearing.”

——-

Harvard filed a lawsuit against President Donald Trump’s administration for revoking its Student and Exchange Visitor Program (SEVP) certification.

Harvard described the move as an “immediate and devastating effect for Harvard and more than 7,000 visa holders.”

The Ivy League school accused the Trump administration of violating the First Amendment, the Due Process Clause, and the Administrative Procedure Act.

“With the stroke of a pen, the government has sought to erase a quarter of Harvard’s student body, international students who contribute significantly to the University and its mission. Harvard’s certification is essential for each of Harvard’s thousands of international students to lawfully remain in this country while they complete coursework, obtain degrees, and continue critical research,” stated Harvard.

The Ivy League school cannot enroll foreign students. The foreign students enrolled at Harvard “must transfer or lose their legal status.”

“This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus,” stated DHS Secretary Kristi Noem.

In April, Noem told Harvard to give the department “information about the criminality and misconduct of foreign students on its campus.”

Noem told the university it would lose its SEVP certification if it did not comply.

Noem said Harvard’s counsel claimed he had the information for DHS, but did not.

The acting DHS general counsel gave Harvard another chance to hand out the required information, but it did not.

Harvard claimed in the lawsuit that it did not give DHS sufficient information:

Despite the unprecedented nature of this demand, HIO [Harvard Information Office] immediately began collecting responsive records from the information it maintains or keeps “accessible,” 8 C.F.R. § 214.3(g)(1), and, on April 30, Harvard produced that information to DHS. On May 14, Harvard also produced additional information in response to a follow-up request from DHS. Yet, on May 22, 2025, DHS deemed Harvard’s responses “insufficient”—without explaining why or citing any regulation with which Harvard failed to comply—and revoked Harvard’s SEVP certification “effective immediately.”

“DHS’s revocation letter leaves no doubt that the revocation is part of DHS’s campaign to coerce Harvard into surrendering its First Amendment rights,” insisted the school.

Harvard told the court that DHS’s actions match “the very definition and capricious agency action prescribed by the APA [Administrative Procedure Act].”

Noem told Harvard it could restore its SEVP certification if it answered the questions in her letter.

I won’t type them out again (go read them), but Harvard said none of the requested information “is not information that HIO is required to maintain or report to DHS under that provision.”

So, do you guys have it or not?

Then Harvard complained the requests didn’t have sufficient definitions:

The Records Request did not define any terms in these request—such as “known,” “illegal,” “dangerous or violent,” “deprivation of rights,” “threats,” or “obstruction of the school’s learning environment”—and did not specify a time period for which the specified information was requested. Yet it threatened serious consequences for noncompliance, for both the PDSO who would be responsible for submitting the responsive documents and Harvard itself…

Are you stupid? You need definitions for those words? They seem pretty obvious to me!

Also, considering Harvard has done nothing to protect its Jewish students, it doesn’t deserve the benefit of the doubt.

Especially since Harvard claimed Noem’s request “offered no basis for the claim that Harvard ‘created a hostile learning environment for Jewish students.'”

Oh, you want to go there, Harvard? Let’s go there! I’m more than happy to shove in your face just some of the evidence against you because I don’t feel like writing a novel.

There is a difference between protesting and cheering on violence.

Protesting does not include screaming genocidal slogans. Protesting is not getting in the face of Jewish students and threatening them.

I mean, just look at Harvard in 2023 and 2024. Here are a few:

A year before the October 7, 2023, massacre: Harvard Ranks First in Anti-Semitic Incidents, According to Study

DONATE

Donations tax deductible
to the full extent allowed by law.

Comments

It’s not

It’s not surprising that Harvard administrators claim they don’t know the definition of such words as “illegal” or “violent”, nor is it surprising that they think the rest of us are stupid enough to believe them when they make that claim.

    Whitewall in reply to Fred Idle. | May 23, 2025 at 11:32 am

    “Depends on the meaning of the word ‘is'”.

    mailman in reply to Fred Idle. | May 23, 2025 at 11:43 am

    They dont have to worry what the rest of us think. All the need to find is a friendly judge to issue the required injunctions…which will no doubt happen in the next few days.

      AF_Chief_Master_Sgt in reply to mailman. | May 23, 2025 at 12:28 pm

      And the government can slow roll the visa applications, or ignore any court order. It’s high time that Americans take back the country from foreign influence.

      No one has a right to be in the US. No one has a right to a visa. No one has a right to attend American universities.

      No one is above the law.

      Or as Kristi Noem stated: “Suck It!”

      BobM in reply to mailman. | May 23, 2025 at 12:51 pm

      There’s two forks to this situation – lawyers can sue based on this action supposedly violating Harvard’s “rights” or violating foreign attendee’s rights.

      I’m pretty sure they’re gonna try both.

      But….
      If the precident is that the govt can legally revoke accreditations if a uni repeatedly violates “civil rights” (US v. Bob Jones) and refuses to mend its ways – Harvard is on weak ground.

      As per taking the second fork, the “rights” of (say) Southern Baptists to attend a discriminatory uni wasn’t a barrier to punishing Bob Jones.

      Goose, Gander.
      As long as foreign Harvard students do have US alternatives they will be in the same boat – if Harvard wants to (figuratively) die on the hill of “the govt has no choice but to subsidize discrimination by deed and or funding” they have to get the scotus to reverse Bob Jones.

        MarkS in reply to BobM. | May 23, 2025 at 2:17 pm

        but,..US v Bob Jones will be ignored or forgotten all the way up to Roberts

          henrybowman in reply to MarkS. | May 23, 2025 at 5:10 pm

          If someone specifically brings Bob Jones up in an amicus, are they still allowed to “forget” it existed?

This is a good move on the part of the Trump team. Keeps Harvard and by extension other schools in the cross hairs for their enabling the global intifada. I have no idea whether this is legal or just debatable, but it stays on the front pages right along with the murders in DC two days ago.

Defund the universities and fund trade/vocation schools.
Universities make radicals, factories make profit for everyone.

One commenter advocated burning Harvard to the ground and salting the earth. Reminiscent of what Rome did to Carthage after victory in the Third Punic War. I see no need to salt the earth. Besides that sowing the earth is probably a myth. However selling the faculty into slavery would give them a taste of the ancient punishments that they seem to admire when it comes to what Hamas did to the Jews they kidnapped. I don’t know if the Romans actually tortured little children. So modern Gazans might be even more cruel than ancient Romans.

I expect some judge to nullify this latest action by DHS. At some point Trump must move against the judiciary and dare them to do something about it. Will our cold civil war turn hot? I doubt it. The girly men from the North and the West have no stomach for real combat.

    Whitewall in reply to oden. | May 23, 2025 at 12:46 pm

    The Trump team have a case in the Supreme Court right now about judges jumping out of their bounds. Should be ruled on by the end of the Court term. White House lawyers are playing it quiet until then. No relief from the Supremes? Then it is time to put the courts back in their little jurisdictions by the one check the Executive has on the little courts and tell them ‘no’.

    henrybowman in reply to oden. | May 23, 2025 at 5:12 pm

    Remember 13A: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted…
    That would sure raise the stakes a little…

Oh? Do they think that the courts can force the executive to issue visas? I thought Harvard had a pretty good law school, guess that’s out the window.

The Records Request did not define any terms in these request—such as “known,” “illegal,” “dangerous or violent,” “deprivation of rights,” “threats,” or “obstruction of the school’s learning environment”

We know that Harvard University already provides remedial math courses for its undergraduate students. Will they now provide remedial English courses for its administrators?

destroycommunism | May 23, 2025 at 1:19 pm

they are not blocking foreign student enrollment

they are stopping terrorism for gaining even a stronger hold over america

“the government has sought to erase a quarter of Harvard’s student body, international students who contribute significantly to the University and its mission”

Ok, so?

“Harvard’s certification is essential for each of Harvard’s thousands of international students to lawfully remain in this country while they complete coursework, obtain degrees, and continue critical research,”

Ok. Again, so?

The Administrative Procedures Act? Is that the one where foreign students get to sue the American Government to make them allow people to enter the country? Can’t wait to see this one in court. Foreign policy run by private institutions and non citizens. lol

    gonzotx in reply to diver64. | May 23, 2025 at 2:46 pm

    1/4

    Wow that’s a hell of a lot

    Who knew?

    Maybe the American white/ real Asian students trying to get in

    Bet their glad they didn’t right about now

      Tsquared in reply to gonzotx. | May 23, 2025 at 5:52 pm

      My thoughts are there should be no more than 2 or 3 percent foreign students at every university.

No doubt, the trump side has accumulated many hours of video evidence demonstrating a campus climate of intolerance or hate etc.

Harvard gets to try to explain how its not really what it looks like.

Harvard handling this wrong, like claudine gay debacle.

bobinreverse | May 23, 2025 at 1:35 pm

About minute or 3 of looking indicates Harv prez Garbz is Jew who super dislikes DJT.
Who knew?

Massachusetts district judge Allison Burroughs to the rescue!

Leftists have been building a “big, beautiful” central government for well nigh 100 years now (thanks to the foundational work done by Lincoln). Their institutions have attached themselves to the leviathan’s teat and have encouraged excessive rules and regulations.

Now they screech at the power they’ve created for doing what it does best – bullying its opponents. (Not making a judgement here. Harvard et al are getting what they deserve.)

It’s a shame Leftists don’t have a sense of irony. This is irony off the scale.

How can she put a hold on it? It’s already done.

Harvard should have to sue to get SEVP certification, or submit the required information in 72 hours and then the administration promises to restore it. But as of this moment, there’s nothing to put a hold on. SEVP certification is simply not present.

Who do these judges think they are?

Alex deWynter | May 23, 2025 at 2:12 pm

Predicted this yesterday. Sometimes I hate being right.

SeymourButz | May 23, 2025 at 2:22 pm

Once again the wants of foreigners supersede the needs of American citizens.

They won’t stop.

The_Mew_Cat | May 23, 2025 at 2:23 pm

I don’t think Harvard will win most of these fights. They may win a few, but not most. They can’t wait out Trump’s 3 1/2 remaining years. Most of these cases will reach SCOTUS and be decided by the Midterms.

    artichoke in reply to The_Mew_Cat. | May 23, 2025 at 2:35 pm

    I think that’s the intent. Trump thinks, reasonably so, that this is his best shot, so he forces Harvard to fight in the courts. Rulings will result that can then be applied to other universities.

    Trump is being very fair about this. He’s not picking on the weakling, he’s taking on the left’s champion. Whatever he wins will be entirely legit.

Harvard has damaged its name so badly

I hope it never recovers

The Judiciary doesn’t get to intrude into issues related to Nat Security and Foreign Policy. Certainly not to demand that a Plaintiff be allowed to continue to receive a benefit that is discretionary. Do a better job of screening applicants for admission, indoctrinating basic respect for rights of others/western Civ, and policing/disciplining the foreign students who fail to adhere. Then the Fed Gov’t wouldn’t have to revoke the permission it granted.

iconotastic | May 23, 2025 at 4:39 pm

I wonder how much impact this announcement will make on Harvard’s international applications. My first thought is all the normal students and researchers will consider the risk and disruption and seriously consider alternative schools. Demonstrators and Chinese spies won’t really care though.

henrybowman | May 23, 2025 at 5:04 pm

“today, DHS gave Harvard 72 hours to respond to requests.”
To make that deadline, they’re going to have to plagiarize 24/7.

Most Judges that I have seen come from the Ivy League and also Stanford so they have a bias toward helping Harvard. Harvard is hurting themselves badly as normal people will see this as: “why is Harvard supporting International Students that are causing problems and why not send them out of the country and have more American students.”

Colleges are too expensive for every student in America. Harvard has such a large endowment that American students could attend for free. This fact with the large number of international students, protests, and large costs to attend make Harvard a problem college for the American people.

George_Kaplan | May 24, 2025 at 12:21 am

So the Obama judge sided with Harvard when it claimed loss of terrorist sympathising and anti-Semitic students would hurt its profitability? No real surprise there.

But does the fact that no Trump lawyer was present mean the judge didn’t care about the pretence of justice, or giving the government an opportunity to reply, simply ruling that what Democrat Harvard wants Democrat Harvard gets and #$%^&* Trump?

Are you stupid? You need definitions for those words? They seem pretty obvious to me!

No, they are loaded terms, and if they are used in an official demand then they must be defined. The secretary is deliberately characterizing things in a way that Harvard disagrees with, but without actually saying so in a way that they can challenge. If she would define what she means by those terms, Harvard could outline its disagreement with those definitions, and give her the information sought as it defines them.

Imagine a Moslem asking Harvard “How many infidel dogs do you have on your faculty?”

There is a difference between protesting and cheering on violence.

Not a relevant difference.

Protesting does not include screaming genocidal slogans.

Yes, it does.

Protesting is not getting in the face of Jewish students and threatening them.

And that depends on your subjective definitions of those terms.

    caseoftheblues in reply to Milhouse. | May 24, 2025 at 9:02 pm

    Once again… on the wrong side of EVERY SINGLE ISSUE …You leftists don’t even hide it anymore… always coming up with your pretzel logic justification of evil…. Just go crawl back under your rock