Judge to Issue Preliminary Injunction for Harvard’s International Students

Federal District Judge Allison Burroughs decided to issue a preliminary injunction in place of her current temporary restraining order, barring the government from revoking Harvard’s certification to host international students under the Student and Exchange Visitor Program.

Shortly before midnight Wednesday, the Department of Homeland Security notified Harvard that it has 30 days to justify not having its certification revoked. Harvard speculated that this may have been to give federal actions an appearance of due process.

In Burroughs’ court, Department of Justice lawyer Tiberius Davis used that notice to claim Harvard’s request for an injunction had become moot because there was now “nothing to enjoin.” This prompted some people in the gallery to laugh.

Harvard lawyer Ian Gershengorn said federal actions are already violating the University’s First Amendment rights even without enforcement of the ban Trump wants to impose. Harvard’s international students are afraid and confused. Some are considering transferring elsewhere.

With international students as 27.3% of enrollment, erosion of that portion of the student body will affect not only Harvard’s finances but also the tenor of its community.

The 30 day demand from DHS may be meant to buy time for the DOJ to develop new justifications for the ban. Davis argued that a preliminary injunction by Burroughs could violate the government’s rights. Burroughs sought to get him to say whether the government was looking at other ways to block Harvard from enrolling international students.

Burroughs said the uncertainty created by the possibility that Harvard’s SEVP certification might be revoked justified a broad injunction. “I want something in place, and I want it to be clear.” She wanted the two sides of the case to negotiate terms of her injunction, but a compromise between the two sides did not seem likely. She outlined the goal of the injunction clearly. “I want to make sure that the status quo is clearly maintained to the extent that we can make that happen.”

Until she actually issues the injunction, Burroughs’ TRO remains in effect.

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