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The Trump administration still won’t be able to prevent Harvard University from enrolling international students after a federal judge decided Thursday to keep a temporary restraining order in place.
The hearing before Judge Allison Burroughs in Massachusetts District Court came a week after the Department of Homeland Security revoked Harvard’s ability to enroll international students and required those currently at the university to transfer. Harvard quickly sued to block that decision, and Burroughs granted a temporary restraining order May 23.
Harvard argued in the lawsuit that the administration violated the First Amendment and the university’s due process rights with the abrupt revocation. In an apparent effort to address Harvard’s concerns, the administration said ahead of the hearing that it would go through a more formal administrative process to decertify Harvard from the Student and Exchange Visitor Program. According to the notice filed in court Thursday morning, Harvard has 30 days to respond to the claims that it failed to comply with certain reporting requirements and to maintain a campus free from discrimination as well as “practices with foreign entities raising national security concerns.”
But while that process continues, Burroughs wants to maintain the status quo for Harvard, which means that international students can remain at the university. She plans to eventually issue a preliminary injunction, the next step after a temporary restraining order.
Burroughs said an order would give “some protection to international students who might be anxious about coming here or anxious about remaining here once they are here,” The Boston Globe reported.
The government lawyers argued in the hearing that an order wasn’t necessary because of the new notice. But Harvard’s lawyer Ian Heath Gershengorn countered that “we want to make sure there are no shenanigans” while Harvard challenges the Trump administration’s action.
And despite Burroughs’s quick restraining order, current and prospective international students at Harvard have faced disruptions.
Maureen Martin, director of immigration services in the Harvard International Office, wrote in a court filing that students scheduled to travel to the United States in the fall found out by the morning of May 23 that their visa applications were denied. (The administration revoked Harvard’s certification May 22.)
“I am personally aware of at least ten international students or scholars whose visa applications were refused for ‘administrative processing’ immediately following the Revocation Notice,” Martin wrote, adding that none of the visa applications that were refused or revoked following the revocation have been approved or reinstated.
For example, when a visiting research scholar at the Harvard School of Dental Medicine tried to obtain a J-1 visa at the U.S. embassy in Prague on May 23, her visa application was rejected.
“The officer gave the scholar a slip that stated she had ‘been found ineligible for a nonimmigrant visa based on section 221(g) of the U.S. Immigration and Nationality Act (INA).’ The slip said, ‘In your case the following is required,’ and the consular officer checked the box marked ‘Other’ and handwrote, ‘SEVP Revocation / Harvard,’” Martin wrote.
Martin wrote that the Trump administration has caused “significant emotional distress” for current international students and raised a number of questions for either incoming or prospective students who are trying to assess their options. At least one student deferred admission for a year for visa-related reasons.
