Cambridge, Massachusetts — The federal government is seeking to dismiss a lawsuit filed by Harvard University that challenges efforts by the Trump administration to limit the admission of international students. This legal move comes just a day after the administration’s attorneys declared in court that the Department of Homeland Security (DHS) would not enforce a letter revoking Harvard’s certification under the Student and Exchange Visitor Program (SEVP), essential for hosting international scholars.
Harvard initially filed the lawsuit following the May 22 revocation of its SEVP certification. The case was later amended after an executive proclamation issued by President Trump on June 4 barred foreign students from entering the U.S. to study at Harvard. The university contends that this proclamation infringes upon its First Amendment rights and serves as retaliation for its protected speech.
In a motion to dismiss, the government’s attorneys asserted that the industry’s May 22 revocation claim is now “moot” due to their recent court filing. They further defended the legality of the presidential proclamation, arguing that Trump possesses the authority to restrict entry to the U.S. for foreign nationals if their presence poses a significant risk to national security.
Harvard has countered these claims by challenging the government’s interpretation of the Immigration and Nationality Act, stating that it does not empower the President to prevent Harvard students from entering the U.S. on nonimmigrant visas.
U.S. District Judge Allison D. Burroughs will determine whether to dismiss the case, yet her previous rulings suggest skepticism toward the government’s arguments. She has granted Harvard preliminary injunctions to prevent the enforcement of both the proclamation and the revocation of its SEVP certification. In her June 23 ruling, Judge Burroughs noted that the proclamation seemed to lack legitimate justification and was likely to be struck down on constitutional grounds.
The outcome of the government’s recent stipulation, which Harvard has not agreed to, remains uncertain regarding whether it will eliminate the May 22 revocation from ongoing proceedings. The preliminary injunctions will stay in place throughout the lawsuit unless overturned on appeal. The Trump administration filed an appeal regarding the injunction against the proclamation on June 27, with the First Circuit Court of Appeals expected to hear the case on August 25.
The government’s latest filing also indicated that a formal notice to withdraw Harvard’s SEVP certification remains active. Issued on May 28, this notice provided the university with 30 days to demonstrate compliance with regulations necessary for maintaining its SEVP certification.
Harvard’s administration responded to the notice but did not disclose the specific documentation submitted. A spokeswoman highlighted that the government’s motion to dismiss does not affect Harvard’s ability to enroll international students and reiterated that the May 22 revocation was unlawful. The university intends to continue asserting its rights and those of its international students and scholars.
Representatives for both the DHS and the Department of Justice did not respond to inquiries for further comment. Harvard’s lawsuit also names several other federal agencies and their leaders.
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