On May 23, US District Judge Allison Burroughs issued a significant temporary restraining order that prevents the Trump administration from expelling Harvard University from the Student and Exchange Visitor Program (SEVP). This program is crucial as it enables the university to sponsor foreign student visas. The government’s actions appeared to be a blatant attempt to undermine the institution as a response to its exercise of First Amendment rights, explicitly linking this decision to Harvard’s inability to foster “viewpoint diversity” on its campus. During a hearing on May 29, Judge Burroughs indicated her intention to grant a permanent injunction, regardless of the Department of Homeland Security’s (DHS) attempts to create a false narrative to rationalize its arbitrary decision to remove Harvard from the program.
However, when one opportunity closes, another often presents itself. The president, believing he possesses divine-like authority, formulated an alternative strategy to undermine the nation’s oldest university through a different approach.
On June 4, he issued a proclamation claiming to “enhance national security” by “addressing risks at Harvard University.” This proclamation referenced the same list of alleged offenses that were used to justify the previously halted expulsion from SEVP. The president concluded that it was essential to restrict the entry of foreign nationals who plan to come to the United States primarily to enroll in a course of study at Harvard University or participate in an exchange visitor program organized by the institution.
This proclamation was purportedly grounded in the president’s authority under §§ 212(f) and 215(a) of the Immigration and Nationality Act (INA), along with 8 U.S.C. 1182(f) and 1185(a). These laws grant the President the power to suspend the entry of any class of aliens whose presence would be harmful to the interests of the United States. Rather than forcing Harvard to close its doors to foreign students, the approach taken by Trump instead blocks these students from entering the entire United States if they intend to attend Harvard.
The following day, the university submitted an amended complaint and a motion for yet another temporary restraining order (TRO), requesting Judge Burroughs to block the proclamation. As they pointed out, this so-called “class” of foreign nationals poses a national security threat only when they intend to enroll in courses in Cambridge, Massachusetts. They seem to be considered harmless if they choose to attend any other school across the country.
The statute empowers the President to safeguard the nation from a category of aliens whose entry could be “detrimental to the interests of the United States.” 8 U.S.C. § 1182(f). However, the President is not suspending entry for any specific class of aliens. In fact, all those aliens are permitted to enter the country freely, as long as they do not attend Harvard. The actions taken by the President are not aimed at protecting the “interests of the United States,” but rather serve as another means for the Administration to retaliate against Harvard for exercising its constitutional rights.
The amended complaint also introduced a substantial amount of new evidence indicating that the Trump administration is actively working to suppress and retaliate against Harvard’s First Amendment protected speech. According to Politico, numerous high-ranking officials from the executive branch convened to “brainstorm” strategies to target the university. Subsequently, Secretary of State Marco Rubio announced a “pilot” program for “enhanced vetting” of visa applicants, which uniquely focused on only one institution. As always, President Trump made his animosity quite clear.
This strategy proved effective. Within a short period, “the absolute best Judge (for them!)” issued yet another temporary restraining order, halting the implementation of the proclamation and scheduling a hearing for June 16. The outcome of this legal battle remains uncertain, leaving us all wondering who will ultimately emerge victorious.
Liz Dye resides in Baltimore, where she creates the Law and Chaos substack and podcast.
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