Harvard University is now able to continue enrolling international students.
The federal judge’s deferral on Friday was quickly welcomed as the country’s wealthiest university victory in the fight against the Trump administration.
However, rest is temporary. The government’s move to ban Harvard University from registering foreign students a day ago is a real threat, baring how willing President Donald Trump is to push the fight against the university.
If 6,800 international students at the school lose their visa status, as directed by the Department of Homeland Security on Thursday, it would be “immediate and devastating,” a university lawyer told the court. Harvard President Alan Gerber said the move “has put the future of thousands of students and academics at risk.”
Within hours of Friday’s Harvard lawsuit, federal judge Alison Burrows agreed to temporarily suspend the lawsuit while considering a bid to overturn Harvard’s ban. She will hold a hearing in the coming days to extend the suspension.
Meanwhile, Burrows has also suspended the freeze on more than $2 billion in federal funds, primarily sidelined by another lawsuit brought in by the university in April.
The Trump administration says it is facing Harvard over anti-Semitic school handling and other concerns on campus. Separately, US agencies, including the Department of Health and Human Services and the Department of Education, are investigating schools for other issues, including the possibility of discrimination.
read more:Harvard was investigated by a US agency for discrimination against law
Before the Harvard University lawsuit in April, the US had requested a series of changes as a condition for continuing financial ties with the government. They had to remake governance, transform admissions and faculty employment, and stop the government from recognizing international students who say they are hostile to American values.
The government also called for Harvard to ensure a more diverse perspective on campus.
Harvard’s Gerber said the school shares “a common foundation for many critical issues” with the government, but could not direct “the content of its education, the composition of its community, and the structure of governance.”
The consequences of government threats and Harvard’s legal challenges will have lasting implications for the country’s oldest universities and higher education in the US.
Tuition fees for millions
Harvard University students overseas account for 27% of the total undergraduate and graduate school population. The school provides needs-based assistance to undergraduates based on their financial situation, while international students pay millions of tuition fees. Harvard is also one of the most famous American brands internationally.
Homeland Security Secretary Christie Noem said Thursday that Harvard’s response to the government’s request to provide information about fraud by foreign students was insufficient.
When halting the university’s accreditation to register international students, the government said it would require existing international students to transfer or lose their legal status under the Student and Exchange Visitor Program.
To regain the program’s accreditation, Harvard was given 72 hours to provide information on six categories of foreign students, including videos of international students dating back five years and protests.
In a recent report, Harvard acknowledged the incident of both anti-Semitic and anti-Muslim bias on campus, as well as his apology from Gerber and commitment to making more changes.
In its court application, the university said it was in regular contact with the Department of Homeland Security, providing legally necessary data and additional disciplinary information regarding international students.
Boston Mayor Michelle Wu on Friday called the Trump administration’s actions a “direct attack on Boston and our community.”
A graduate of both Harvard’s undergraduate programs and law school, Wu volunteers to contribute research and to the cause of the community. Harvard’s main campus is located nearby Cambridge.
answer the questions
On Thursday, the US said Harvard failed to answer questions about “crime and misconduct among foreign students.” Harvard said it is “hospitable to Jewish students, promoting pro-Hama sympathy and perpetuating an unsafe campus environment that adopts racist “diversity, equity and inclusion” policies.”
Harvard’s latest lawsuit said the Department of Homeland Security never gave them a meaningful opportunity to answer agency questions and violated the university’s constitutional rights. Harvard said the action caused “immediate confusion” for a quarter of students, as Spring was over.
Harvard’s legal strategy in this case is underway in two major aspects: the government violates its initial right to amend free speech and failed to comply with federal regulations to revoke the government’s ability to accept international students at schools.
The school’s lawyers said the government is retaliating for Harvard’s refusal to comply with previous requests and punishing the school for failing to support the “government’s message of preference.” The school argues that this is equivalent to unacceptable “view discrimination.”
Burrows, appointed by former President Barack Obama in 2014, will begin laying out the timeline of the case when he held a status meeting in Boston Federal Court on Tuesday. Two days later, she will hear debate about whether the bar should be extended based on government actions while the lawsuit is moving forward.
read more:Harvard case judges are Obama’s appointees who oversee racial bias cases
Trump administration lawyers also argue about aspects of the case. It is not clear that Burrows could rule and an air of uncertainty could continue to choke campuses in the summer when students from many worlds arrive to prepare for their grades.
If Burrows allows the order to be enabled, then thousands of Harvard international students have little choice but to try to secure transfers to other schools.
Harvard, despite his acknowledgment of them, is no longer able to sponsor these visa holders in their next summer and fall term.
At least one overseas school is already seizing the opportunity. Hong Kong University of Science and Technology has announced “open invitations” to students registered with Harvard University and those who have confirmed their offers.
‘caveat’
The government also revealed that there are many powerful financial levers to pull. Trump says he is trying to withdraw Harvard’s tax-free status. This will be a major blow to the school’s finances. Harvard is also facing an increase in taxes on its contributions as part of the proposed Republican-backed tax bill.
Over one million international students attend American universities. Many have paid in full, and have significantly strengthened the university’s finances.
In a post on X, Noem revealed that the US could take further steps to affect international students beyond Harvard.
“This serves as a warning to all universities and academic institutions across the country,” she said.
This story was originally featured on Fortune.com.
