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A federal judge has maintained a court order that prevents President Donald Trump from revoking Harvard University’s authority to sponsor international student visas. U.S. District Judge Allison D. Burroughs extended her earlier restraining order on Thursday, effectively blocking the Trump administration’s attempts to revoke Harvard’s certification under the Student and Exchange Visitor Program, known as SEVP. This crucial certification allows educational institutions to sponsor international students for study in the United States.
Judge Burroughs, an appointee from the Obama administration, emphasized the importance of preserving the current situation while both parties prepare to submit either a joint preliminary injunction or individual proposed orders.
While this latest court ruling may seem like a setback for the Trump administration, it does not signify a definitive loss just yet. The contentious issue at hand involves whether the administration possesses valid grounds to rescind Harvard’s SEVP certification. Allegations against the university include claims of fostering violence, antisemitism, and having ties with the Chinese Communist Party, according to remarks made by DHS Secretary Kristi Noem.
Legal experts have informed citizens that foreign students hold significantly fewer protections compared to U.S. citizens, leaving Harvard susceptible to government actions as long as the Trump administration adheres to specific procedural requirements. The SEVP program falls under the authority of the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), allowing the administration considerable discretion in certifying, extending, or revoking a university’s involvement based on the conduct of its visa holders.
Meanwhile, U.S. citizens enjoy First Amendment rights that safeguard their free speech. In stark contrast, foreign students in the United States do not share the same protections due to their visa status being contingent upon their institutional sponsorship.
Robert Shibley, special counsel for campus advocacy at the Foundation for Individual Rights and Expression, highlighted the complexities surrounding these cases. He noted that the intertwining of First Amendment issues with immigration law has become increasingly pronounced under the current administration.
