Harvard University has filed a federal lawsuit against the Trump administration over its decision to bar the institution from enrolling international students, calling the move an unconstitutional act of retaliation for resisting political pressure from the White House. The lawsuit, submitted Friday, May 23, in federal court in Boston, argues that the action violates the First Amendment and threatens to devastate the university’s operations and its international student population, which exceeds 7,000.
“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,” the university stated in its legal filing. “Without its international students, Harvard is not Harvard.”
Harvard plans to seek a temporary restraining order to prevent the Department of Homeland Security from implementing the directive. The decision, the university said, has plunged the campus into disarray just days before graduation. Many of Harvard’s international students hold key roles as lab leaders, teaching assistants, and researchers, and now face the dilemma of transferring or risking legal repercussions if they remain in the United States.
The impact is particularly severe at graduate institutions such as the Harvard Kennedy School, where nearly half of students are from abroad, and the Harvard Business School, where international students make up about one-third of the population. The administration’s move also blocks thousands of incoming international students who had planned to begin summer and fall classes, a disruption Harvard says will damage its global reputation and ability to attract top talent.
The university warned that even if it regains its certification to host foreign students, the reputational harm may already be done. “Future applicants may shy away from applying out of fear of further reprisals from the government,” the suit said. Harvard also noted that institutions stripped of such certification are barred from reapplying for a year, meaning it could be unable to admit international students for at least two academic years.
Harvard enrolls nearly 6,800 international students on its Cambridge, Massachusetts campus, hailing from over 100 countries. The Department of Homeland Security announced the action on Thursday, alleging that Harvard allowed “anti-American, pro-terrorist agitators” to assault Jewish students on campus and accused the university of collaborating with the Chinese Communist Party, including training members of a Chinese paramilitary group as recently as 2024.
In response, Harvard President Alan Garber pointed to recent governance changes and new initiatives aimed at combating antisemitism, while affirming that the university would not compromise on its “core, legally-protected principles” out of fear of government retaliation. The university has indicated it will respond separately to the allegations raised by House Republicans concerning ties to China.
The government’s action followed an April 16 request from Homeland Security Secretary Kristi Noem, demanding detailed information on international students that might implicate them in protests or acts of violence. Noem warned that Harvard could regain its certification if it submitted audio, video, and written records of foreign students involved in campus protests within 72 hours.
This latest legal action is separate from a previous lawsuit filed by Harvard challenging over $2 billion in federal funding cuts by the Trump administration, further intensifying the standoff between the prestigious institution and the federal government.
