BOSTON, (Reuters) – A federal judge yesterday blocked President Donald Trump’s administration from implementing his plan to bar foreign nationals from entering the United States to study at Harvard University.
U.S. District Judge Allison Burroughs in Boston issued an injunction barring Trump’s administration from carrying out its latest bid to curtail Harvard’s ability to host international students amid an escalating fight pitting the Republican president against the prestigious Ivy League school.
The preliminary injunction extends a temporary order the judge issued on June 5 that prevented the administration from enforcing a proclamation Trump signed a day earlier that cited national security concerns to justify why Harvard could no longer be trusted to host international students.
The proclamation prohibited foreign nationals from entering the U.S. to study at Harvard or participate in exchange visitor programs for an initial period of six months, and directed Secretary of State Marco Rubio to consider whether to revoke visas of international students already enrolled at Harvard.
Burroughs wrote that “at its root, this case is about core constitutional rights that must be safeguarded: freedom of thought, freedom of expression, and freedom of speech, each of which is a pillar of a functioning democracy and an essential hedge against authoritarianism.”
“Here, the government’s misplaced efforts to control a reputable academic institution and squelch diverse viewpoints seemingly because they are, in some instances, opposed to this Administration’s own views, threaten these rights,” she wrote.
“To make matters worse, the government attempts to accomplish this, at least in part, on the backs of international students, with little thought to the consequences to them or, ultimately, to our own citizens.”
Almost 6,800 international students attended Harvard in its most recent school year, making up about 27% of the student population of the prestigious Cambridge, Massachusetts-based school.
Trump signed the proclamation after his administration had already frozen billions of dollars in funding to the oldest and wealthiest U.S. university, threatened Harvard’s tax-exempt status and launched several investigations into the school.
Trump on Friday said his administration could announce a deal with Harvard “over the next week or so” to resolve the White House’s campaign against the university, which has waged a legal battle against the administration’s action.
Harvard alleges that Trump is retaliating against it in violation of its free speech rights under the U.S. Constitution’s First Amendment for refusing to accede to the administration’s demands to control the school’s governance, curriculum and the ideology of its faculty and students.
The university has filed two separate lawsuits before Burroughs seeking to unfreeze around $2.5 billion in funding and to prevent the administration from blocking the ability of international students to attend the university.
The latter lawsuit was filed after Homeland Security Secretary Kristi Noem on May 22 announced that her department was immediately revoking Harvard’s Student and Exchange Visitor Program certification, which allows it to enroll foreign students.
Noem, without providing evidence, accused the university of “fostering violence, antisemitism, and coordinating with the Chinese Communist Party.”
Her action was temporarily blocked by Burroughs almost immediately. While the Department of Homeland Security has since shifted to challenging Harvard’s certification through a months-long administrative process, Burroughs at a May 29 hearing said she planned to issue an injunction to maintain the status quo, which she did officially on Friday.
