Harvard secures restraining order from court, next hearing on 27, 29 May

A federal judge granted Harvard University a temporary restraining order in its suit to block the Trump administration’s efforts to revoke its authorisation to enrol international students.

The order was issued less than two hours after the university moved the court to stay the Department of Homeland Security’s attempt on Thursday to end its Student Exchange and Visitor Program certification. Harvard had described the move as “unprecedented and retaliatory.”

United States district judge Allison D. Burroughs agreed that if the DHS’ move goes forward, Harvard “will sustain immediate and irreparable injury before there is an opportunity to hear from all parties.”

Harvard’s lawyers argued that allowing the DHS order to take effect would leave an irreversible scar on Harvard’s campus. They wrote that SEVP revocation could strip thousands of student visa holders of their legal status “overnight,” rendering them and more than 300 dependents subject to deportation.

International students already admitted to courses in Harvard would not be able to enrol even after completing the formalities and “Harvard would be forced to dramatically shrink or reconfigure its carefully crafted incoming classes in a matter of weeks,” the lawyers argued.

Current students would be forced to transfer to a different SEVP certified university or return to their home country. In total, Harvard would lose 26 per cent of its student body, the judge was told.

Decertification now — even if Harvard’s status were eventually restored — could deter international students in future to return and from applying.

The court was informed that international students are teaching fellows, researchers, and classmates alongside their American citizen peers, and losing them would leave a rift.

The TRO will go into effect immediately and will likely last until a hearing in the case. The judge has scheduled a 27 May status hearing and a 29 May hearing on whether to issue a preliminary injunction. Harvard would need to file for a preliminary injunction to prevent the DHS’ directive from going into effect after the TRO expires.

The TRO bars the DHS from enforcing the 22 May move to strip Harvard of its SEVP status — and Harvard is no longer legally obliged to turn over documents and audio-video records of students’ protests on campus—as demanded by the department. The 72-hour ultimatum served by DHS also has been kept in abeyance till 29 May.

In April, DHS secretary Kristi Noem demanded that Harvard turn over documents on international students’ disciplinary records, illegal activities, and participation in protests.