A federal judge has decided to extend a temporary block on President Trump’s plan to prevent foreign nationals from studying at Harvard University. Judge Allison Burroughs stated on Monday that she needs more time to decide whether to issue a longer-term injunction against the policy.
The temporary restraining order, initially set to expire on Thursday, has been extended until June 23rd following a hearing in Boston regarding Harvard’s legal challenge. Judge Burroughs assured the court she would issue a ruling as quickly as possible.
Harvard’s lawyer, Ian Gershengorn, argued that a more permanent injunction is crucial to stop the Trump administration from hindering the university’s ability to welcome international students. He contends that Trump’s proclamation is a retaliatory measure against Harvard, violating its First Amendment right to free speech because the university has resisted the administration’s demands to control its governance, curriculum, and the ideologies of its faculty and students. Gershengorn described the proclamation as “a plain violation of the First Amendment.”
International students make up a significant portion of Harvard’s student body, with almost 6,800 students, or about 27% of the total, attending in the most recent academic year, primarily coming from countries like China and India.
The Trump administration has been engaged in a multi-pronged attack on Harvard, involving billions of dollars in frozen grants and a proposal to revoke its tax-exempt status, which has resulted in multiple legal challenges.
Harvard has two lawsuits before Judge Burroughs: one to unfreeze $2.5 billion in funding and another to prevent the administration from blocking international students.
Previously, Homeland Security Secretary Kristi Noem announced the immediate revocation of Harvard’s Student and Exchange Visitor Program certification, which allows the university to enroll foreign students. Judge Burroughs quickly blocked this action. While the Department of Homeland Security has since opted for a more protracted administrative challenge to Harvard’s certification, Judge Burroughs indicated her intention to issue a “broad” injunction to maintain the status quo during a hearing on May 29th.
However, a week later, Trump signed the proclamation, citing national security concerns and arguing that Harvard is no longer a reliable steward of international student programs. This proclamation suspended the entry of foreign students and exchange visitors for an initial six-month period and directed Secretary of State Marco Rubio to consider revoking the visas of current international students.
Harvard is requesting Judge Burroughs, an appointee of President Barack Obama, to block Trump’s directive.
The Justice Department has urged Judge Burroughs to consider Trump’s proclamation separately from Noem’s actions, arguing that it does not ban existing students and relies on different legal grounds.