Harvard sues Trump administration over ban on enrolling foreign students

Harvard University is challenging the Trump administration’s decision to bar the Ivy League institution from enrolling foreign students, calling it an unconstitutional retaliation for defying the White House’s political demands.

In a lawsuit filed in a US federal court in Boston, Harvard said the American government’s action violates the country’s First Amendment and will have an “immediate and devastating effect for Harvard and more than 7,000 visa holders”.

The university said in legal papers: “With the stroke of a pen, the government has sought to erase a quarter of Harvard’s student body, international students who contribute significantly to the University and its mission.”

Temporary restraining order

Harvard said it plans to file for a temporary restraining order to block the Department of Homeland Security from carrying out the move.

It enrols almost 6,800 foreign students at its campus in Cambridge, Massachusetts. Most are graduate students and they come from more than 100 countries.

The department announced the action on Thursday, accusing Harvard of creating an unsafe campus environment by allowing “anti-American, pro-terrorist agitators” to assault Jewish students on campus.

It also accused Harvard of coordinating with the Chinese Communist Party, contending the university had hosted and trained members of a Chinese paramilitary group as recently as 2024.

Harvard president Alan Garber earlier this month said the university has made changes to its governance over the past year and a half, including a broad strategy to combat antisemitism.

But he said Harvard would not budge on its “its core, legally-protected principles” over fears of retaliation. Harvard has said it will respond at a later time to allegations first raised by House Republicans about coordination with the Chinese Communist Party.

Protests

The threat to Harvard’s international enrolment stems from an April 16 request from Homeland Security Secretary Kristi Noem, who demanded that Harvard provide information about foreign students that might implicate them in violence or protests that could lead to their deportation.

The suit is separate from the university’s earlier one challenging more than two billion US dollars (£1.49 billion) in federal cuts imposed by the Republican administration.

Earlier, the Chinese government said the Trump administration’s move to ban international students from Harvard would harm America’s international standing, as anxious students and parents overseas worried about the future.

Among the two largest parts of the international student community in Harvard are Chinese and Indian students.

The university enrolled 6,703 international students across all of its schools in 2024, according to the school’s data, with 1,203 of those from China and 788 from India.

Options

The Trump administration’s move, announced on Thursday, was a hot topic on Chinese social media. State broadcaster CCTV questioned whether America would remain a top destination for foreign students, noting Harvard is already suing the US government in court.

“But with the long litigation period, thousands of international students may have trouble waiting,” the CCTV commentary said.

It went on to say that it becomes necessary for international students to consider other options “when policy uncertainty becomes the norm”.

Educational cooperation with the US is mutually beneficial and China opposes its politicisation, foreign ministry spokesperson Mao Ning said at a daily briefing in Beijing.

“The relevant actions by the US side will only damage its own image and international credibility,” she said.

She added that China would firmly protect the rights and interests of Chinese students and scholars abroad but she didn’t offer any details on how it would do so in this situation.

Indian authorities say they currently assessing the impact of the US order on Indian students who are already enrolled with Harvard, as well as those aspiring to study there in future, but have not issued any statements of criticism.

Tension

The issue of Chinese students studying overseas has long been a point of tension in the relationship with the United States.

During Mr Trump’s first term, China’s ministry of education warned students about rising rejections rates and shorter terms for visas in the US.

Last year, the Chinese foreign ministry protested that a number of Chinese students had been interrogated and sent home upon arrival at US airports.

Chinese state media has long played up gun violence in the US and portrayed America as a dangerous place. Some Chinese students are opting to study in the U.K. or other countries rather than the US

Meanwhile, two universities in Hong Kong extended invites to affected students. The Hong Kong University of Science and Technology said it would welcome international students already at Harvard and those who have been admitted.

City University in Hong Kong followed suit, without mentioning Harvard by name.