Four law firms secure temporary relief for Harvard against Trump's 'no foreign students' policy

A federal judge has issued a temporary restraining order preventing the Department of Homeland Security (DHS) from revoking Harvard University's certification to enroll international students, following a lawsuit filed by the university on Friday..U.S. District Judge Allison D. Burroughs granted Harvard's request for emergency relief just one day after the university filed a 72-page complaint challenging what it describes as an "unprecedented" and "retaliatory" action by the government that would have affected more than 7,000 international students."For purposes of Federal Rule of Civil Procedure 65(b), the President and Fellows of Harvard College has made a sufficient showing that it has provided notice to Defendants... and that, unless its Motion for a Temporary Restraining Order is granted, it will sustain immediate and irreparable injury before there is an opportunity to hear from all parties," Judge Burroughs wrote in her order..On May 22, 2025, the Trump administration revoked Harvard University’s certification to host international students under the F-1 and J-1 visa programs, prompting the university to move court. The revocation followed Harvard’s refusal to comply with federal demands to implement wide-ranging changes to its governance, faculty hiring, student admissions, and international student oversight. In April 2025, Harvard filed a lawsuit against the United States Department of Health and Human Services (HHS) and other federal agencies, challenging the Trump administration’s decision to freeze $2.2 billion in federal funding..In a sharply worded complaint, Harvard alleged that the administration’s revocation of its SEVP (Student and Exchange Visitor Program) certification was not only procedurally unlawful but also retaliatory — part of a coordinated campaign to punish the University for refusing to submit to sweeping ideological demands by the federal government.“With the stroke of a pen, the government has sought to erase a quarter of Harvard’s student body,” the university argued that the move “threatens to dismantle Harvard’s academic integrity and global standing.”.According to the complaint filed on May 23, the crisis began on April 16, 2025, when DHS Secretary Kristi Noem sent Harvard a letter demanding that it produce extensive information on every international student across its 13 schools within 10 business days — including disciplinary history, protest activity, and supposed “obstruction of the learning environment.”Harvard claimed the request went far beyond any lawful regulatory requirement, and that when the university complied in good faith with all data it was obligated to maintain, DHS declared its response “insufficient” without explanation and revoked its SEVP certification “effective immediately.”According to Harvard, 'the visa crisis' was only the latest act in an escalating pressure campaign orchestrated by the Trump administration. The complaint recounts a series of events starting in February 2025, when the Department of Justice’s “Task Force to Combat Antisemitism” began targeting elite universities, with senior officials including DOJ attorney Leo Terrell publicly stating, “We’re going to take away your funding.”On April 11, the government issued a “demand letter” threatening to cut billions in federal funding unless Harvard restructured its admissions, faculty hiring, and student disciplinary systems to comply with the administration’s preferred ideological and political standards — including implementing viewpoint audits and rejecting students deemed “hostile to American values.”When Harvard refused to comply, the government froze $2.2 billion in research grants and contracts. President Donald Trump followed up with public statements on Truth Social demanding Harvard lose its nonprofit status and condemning it as “a disgrace to America.” The next day, the government revoked Harvard’s visa certification."DHS’s revocation letter leaves no doubt that the revocation is part of DHS’s campaign to coerce Harvard into surrendering its First Amendment rights," the plea said. .Harvard’s legal challenge rests on three main pillars:First Amendment: Harvard argues that the government’s actions amount to unconstitutional viewpoint discrimination and retaliation. Citing recent Supreme Court precedent (NRA v. Vullo), Harvard contends that no government may use regulatory powers to punish disfavoured speech or compel ideological conformity.Administrative Procedure Act (APA): The university alleges that the revocation of its SEVP certification was “arbitrary and capricious,” lacking any reasoned explanation or lawful basis. Federal regulations require DHS to issue a formal Notice of Intent to Withdraw (NOIW) and allow for a 30-day response period. None of these procedures were followed.Procedural Due Process: Harvard contends it was deprived of fair notice and an opportunity to respond, violating constitutional due process rights. For over 70 years, Harvard has been continuously certified to host international students, a status it says cannot be revoked without basic procedural protections.The complaint further explains that the F-1 and J-1 visa programs are central to Harvard’s operations, with international students comprising over a quarter of its student population. Their immediate loss would cause academic disruptions, deportation risks, and reputational harm, especially for students about to graduate..Harvard is represented by a broad legal team that includes:Jenner & Block LLP:Ishan Bhabha, Ian Heath Gershengorn, Lauren J. Hartz (Washington, DC)Andrianna Kastanek (Chicago)Quinn Emanuel Urquhart & Sullivan LLP:William A. BurckKing & Spalding LLP:Robert K. HurLehotsky Keller Cohn LLP:Steven P. Lehotsky, Scott A. Keller, Serena M. Orloff, Shannon G. Denmark, Jacob B. Richards,Katherine C. Yarger (Denver), Joshua P. Morrow (Austin), and Danielle K. Goldstein (Atlanta.Read Harvard's complaint.Read Court Order