A federal judge in Massachusetts has granted Harvard University’s request for a temporary restraining order (TRO) against the Department of Homeland Security (DHS). The order temporarily prevents the Trump administration from implementing a measure that would revoke Harvard’s ability to enroll international students. The university filed the legal challenge after the administration moved to restrict international student enrollment following Harvard’s refusal to fully comply with a series of demands.
U.S. District Judge Allison D. Burroughs, an appointee of Barack Obama, issued the TRO less than 12 hours after Harvard filed its complaint in federal court. The order enjoins the administration from “implementing, instituting, maintaining, or giving effect to” any action seeking to rescind Harvard’s participation in the Student and Exchange Visitor Program (SEVP).
In the brief two-page order, Judge Burroughs stated that without the restraining order, Harvard would likely suffer “immediate and irreparable injury before there is an opportunity to hear from all parties.”
Harvard’s lawsuit contends that the university has invested significant resources over nearly a century to recruit and integrate international students. The complaint asserts that the administration’s move to revoke its SEVP certification is a “blatant violation of the First Amendment, the Due Process Clause, and the Administrative Procedure Act.” The university argues that the revocation would effectively erase a quarter of its student body, comprising international students who make substantial contributions to the institution and its mission.
Attorneys for Harvard accused the government of engaging in a “campaign of retribution.” The lawsuit highlights that the administration had previously demanded Harvard produce records of disciplinary actions involving non-citizen students and any footage of student protests, ostensibly to combat antisemitism and address diversity, equity, and inclusion (DEI) programs. Harvard provided responses that the government deemed “insufficient,” according to the legal filing.
While the Trump administration has reportedly targeted other prestigious universities with similar demands, Harvard appears to have faced particularly strong repercussions. The university has allegedly seen $60 million in grants and approximately $3 billion in contracts frozen. The Justice Department has also reportedly initiated multiple investigations into Harvard and repeatedly threatened to revoke its tax-exempt status.
Harvard’s lawsuit asserts, “It is the latest act by the government in clear retaliation for Harvard exercising its First Amendment rights to reject the government’s demands to control Harvard’s governance, curriculum, and the ‘ideology’ of its faculty and students.” The university further argues that the government’s actions disregard its own regulations governing SEVP certification, depart from decades of established practice without rational explanation, and were carried out abruptly without proper procedural safeguards, potentially disrupting the lives of thousands of students.
The Trump administration, which has openly accused Harvard of fostering anti-Israel sentiment and violence, particularly antisemitic violence, responded swiftly to Judge Burroughs’ issuance of the TRO. DHS Assistant Secretary Tricia McLaughlin stated that the ruling “delays justice and seeks to kneecap the President’s constitutionally vested powers under Article II.” In a statement emailed to news organizations, McLaughlin asserted that enrolling foreign students is a “privilege, not a right,” and that the administration is committed to “restoring common sense” to the student visa system, expressing confidence that a higher court would ultimately vindicate their position. McLaughlin concluded, “We have the law, the facts, and common sense on our side.”
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