Trump administration bars Harvard from enrolling international students; judge promptly issues restraining order to prevent the move

Updated for 23 May 2025:

• Harvard has sued the Trump administration over its move to bar international students
• On 23 May, a federal judge issued a temporary restraining order against the administration's move to decertify Harvard
• Sector and students shocked by DHS move to decertify the university
• Please see below for details

The US government has suspended Harvard University's ability to enrol foreign students, effective immediately. The move comes after weeks of back and forth between university and government officials around a sweeping records request filed with Harvard as part of a Department of Homeland Security (DHS) investigation.

Harvard has so far refused to comply with the request and today's revocation of the university's Student and Exchange Visitor Program (SEVP) certification represents a clear escalation of the dispute. Without that SEVP certification, the university cannot enrol international students. A 22 May 2025 DHS press release states plainly that, "This means Harvard can no longer enrol foreign students and existing foreign students must transfer or lose their legal status."

“This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus,” said Homeland Security Secretary Kristi Noem. “It is a privilege, not a right, for universities to enrol foreign students and benefit from their higher tuition payments to help pad their multibillion-dollar endowments. Harvard had plenty of opportunity to do the right thing. It refused. They have lost their Student and Exchange Visitor Program certification as a result of their failure to adhere to the law. Let this serve as a warning to all universities and academic institutions across the country.”

In her 22 May letter to the university, Secretary Noem added, "The revocation of your Student and Exchange Visitor Program certification means that Harvard is prohibited from having any aliens on F- or J- nonimmigrant status for the 2025-2026 academic school year. This decertification also means that existing aliens on F- or J- nonimmigrant status must transfer to another university in order to maintain their nonimmigrant status."

This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus.

It is a privilege, not a right, for universities to enroll foreign students and benefit from their higher tuition payments… pic.twitter.com/12hJWd1J86

— Secretary Kristi Noem (@Sec_Noem) May 22, 2025

"Consequences must follow to send a clear signal to Harvard and all universities that want to enjoy the privilege of enrolling foreign students, that the Trump Administration will enforce the law and root out the evils of anti-Americanism and antisemitism in society and campuses," continued the Secretary. "If Harvard would like the opportunity of regaining Student and Exchange Visitor Program certification before the upcoming academic school year, you must provide all of the information requested…within 72 hours."

Harvard enrolled about 6,800 international students in the current academic year, which represents about 27% of the university's total enrolment. The latest available analysis from NAFSA estimates that international students in US higher education contributed US$43.8 billion in economic impact and supported nearly 380,000 jobs in the United States during the 2023/24 academic year.

Harvard responds with legal action

On 23 May 2025, Harvard brought a legal action against the US government to challenge its SEVP decertification, and specifically to ask a federal judge to block the government's order. Hours later, federal judge Allison Burroughs did just that, issuing a temporary restraining order against the federal government.

The university's legal filing sets out that: "This revocation is a blatant violation of the First Amendment, the Due Process Clause, and the Administrative Procedure Act. It is the latest act by the government in clear retaliation for Harvard exercising its First Amendment rights to reject the government’s demands to control Harvard’s governance, curriculum, and the 'ideology' of its faculty and students. The government’s actions are unlawful for other equally clear and pernicious reasons. They disregard the government’s own regulations—under which Harvard should remain certified to host F-1 and J-1 visa holders. They depart from decades of settled practice and come without rational explanation. And they were carried out abruptly without any of the robust procedures the government has established to prevent just this type of upheaval to thousands of students’ lives...Without its international students, Harvard is not Harvard."

In a public statement on the lawsuit, President Alan Garber added, “We condemn this unlawful and unwarranted action. It imperils the futures of thousands of students and scholars across Harvard and serves as a warning to countless others at colleges and universities throughout the country who have come to America to pursue their education and fulfill their dreams.” In a comment directed specifically to the university's current international students and scholars, the President continued, "You are our classmates and friends, our colleagues and mentors, our partners in the work of this great institution. Thanks to you, we know more and understand more, and our country and our world are more enlightened and more resilient. We will support you as we do our utmost to ensure that Harvard remains open to the world.”

Early reaction from students and stakeholders

DHS's move to decertify Harvard shocked students, families, and stakeholders around the world. A 23 May item in the New York Times focused on the perspective of Chinese students and education agents:

"Even before the move against Harvard, Chinese students in the United States had plenty of reasons to worry. American state and federal lawmakers have proposed restricting Chinese citizens’ ability to study in the United States, citing national security concerns. Students have reported being turned away at the border despite having valid visas, or having their visas abruptly revoked.

China’s education ministry last month issued a formal warning to Chinese students to consider the risks of studying in the United States — its first alert to students going abroad since 2021.

In China’s flourishing industry of overseas study consultants, many encouraged their clients to apply to other universities, including outside of the United States, as backup. On a live broadcast with hundreds of viewers on Friday, one consultant warned that other schools might soon see similar restrictions."

NAFSA CEO Fanta Aw quickly issued a statement to condemn the DHS action as well: "Higher education institutions take extremely seriously the stewardship of international students on their campuses and their compliance with US laws and regulations. Secretary Noem’s action is an unprecedented overreach and in direct violation of existing governmental policies. International students are not bargaining chips—they are scholars, researchers, and contributors to our communities whose presence strengthens US higher education and society."

“We turn global talent away at our own expense. Losing international students’ contributions will negatively impact domestic students’ understanding of the world and have dire consequences for the country’s economic strength, security, and global competitiveness. These outcomes run counter to the administration’s stated goal of making America safer, stronger, and more prosperous.”

For additional background, please see:

• "US: Visa status of foreign graduates on OPT under renewed scrutiny"
• "US: Immigration authorities set out the legal basis for revoking student visa status"
• "United States: Government enforcement action on schools, universities, and international students intensifies"