Key Takeaway
A temporary restraining order (TRO) issued by the U.S. District Court for the District of Massachusetts on May 23, 2025 currently blocks the Department of Homeland Security's revocation of Harvard University's SEVP certification, and preserves the "status quo" pending the resolution of a "Notice of Intent to Withdraw" Harvard's SEVIS certification that ICE sent the university on May 28, 2025. Harvard also continues to pursue a preliminary injunction, which would extend the "status quo" protection throughout litigation. Harvard's president said in a statement that the university "will do everything in our power to support our students and scholars. The Harvard International Office will provide periodic updates as new information becomes available." Harvard's International Office maintains a regularly updated FAQ on the developing situation.
The case is President and Fellows of Harvard College v. DHS et al., 1:25-cv-11472 (D.Mass). See the case docket on CourtListener.
Timeline
June 5, 2025. Court Blocks Implementation of June 4, 2025 Presidential Proclamation. On June 5, 2025 the court granted Harvard's motion for a temporary restraining order against the June 4, 2025 presidential proclamation. Under the TRO, "Defendants, their agents, and anyone acting in concert or participation with Defendants are hereby enjoined from: Implementing, instituting, maintaining, enforcing, or giving force or effect to the Presidential Proclamation." See on CourtListener: Order on Motion for TRO, Docket # 59. In the same order the court extended its May 23, 2025 temporary restraining order that blocks DHS Secretary Kristi Noem's May 22, 2025 letter of revocation "until June 20, 2025, or such earlier time as a preliminary injunction order can be issued." A preliminary injunction hearing is set for June 16, 2025.
June 4, 2025. Presidential Proclamation Restricts F, M, J Students Planning to Begin Attending Harvard University. On June 4, 2025 President Trump issued a proclamation "to restrict the entry of foreign nationals who seek to enter the United States solely or principally to participate in a course of study at Harvard University or in an exchange visitor program hosted by Harvard University." Proclamation of June 4, 2025, Enhancing National Security by Addressing Risks at Harvard University. Read the Proclamation published on whitehouse.gov. See NAFSA's page for summary.
May 30, 2025. Non-litigation-related. DOS Cable Calls for "Enhanced Vetting" of Harvard-Bound Travelers. A copy of a reported May 30, 2025 DOS cable that has been circulated by media and other groups instructs consular officers to "[C]onduct a complete screening of the on line presence of any nonimmigrant visa applicant seeking to travel to Harvard University for any purpose. Such applicants include, but are not limited to prospective students, students, faculty, employees, contractors, guest speakers, and other visitors." Procedurally the cable tells consulates to use "administrative processing," which involves refusing the visa applications under INA 221(g) while it conducts the enhanced social media vetting. The cable also tells consulates to consider "whether the lack of any online presence, or having social media accounts restricted to "private" or with limited visibility, may be reflective of evasiveness and call into question the applicant's credibility." The cable then indicates that the heightened scrutiny reportedly applied to applicants traveling to Harvard "will also serve as a pilot for expanded screening and vetting of visa applicants, and as the Department continues to develop and expand any enhanced vetting requirements for student visas generally, it may announce similar measures for other groups of visa applicants as appropriate, and in accordance with U.S. law." Note that this cable has not been blocked by any of the court actions in the President and Fellows of Harvard College v. DHS et al. It relates more to the issue of social media scrutiny discussed on NAFSA's Government Scrutiny of Digital Footprint and Social Media page. On June 9, 2025, CNN reported that the State Department ordered consulates to return to normal processing of visa applications of individuals destined to Harvard. See US State Department orders embassies to resume processing Harvard student visas, Kylie Atwood, CNN, June 9, 2025.
DOS Cable Calls for "Enhanced Vetting" of Harvard-Bound Travelers. Note that implementation of this reported cable has not been blocked by any of the court actions in the President and Fellows of Harvard College v. DHS et al. (see NAFSA's page Harvard Suit Challenges Revocation of SEVP Certification).
May 29, 2025. Court Extends Temporary Injunction While NOIW Process is Ongoing. On May 29, 2025 the case docket on CourtListener (Document Number 50) was updated with these electronic clerk's notes: "Hearing on Preliminary Injunction held on 5/29/2025. Notice of Intent to Withdraw SEVP certification was sent to Harvard last night (5/28/25). TRO will remain in place while parties confer and submit either a joint proposed PI Order or individual proposed Orders for the judge to consider, after which time a final PI order will be issued. Status quo to remain in place while the Notice of Intent to Withdraw process is ongoing."
May 29, 2025. DHS Secretary Noem Press Release on NOIW to Harvard. DHS posted a press release that states, amid highly rhetorical language, that DHS "will continue to engage in good faith with Harvard and looks forward to the University’s full compliance with its requests," and links to the May 28, 2025 NOIW.
May 28, 2025. ICE sends Notice of Intent to Withdraw to Harvard. On May 29, 2025, DHS posted a copy of a Notice of Intent to Withdraw (NOIW) that it sent to Harvard, dated May 28, 2025 and signed by Todd Lyons, Acting Director of Immigration and Customs Enforcement (ICE). Under DHS regulations the issuance of a NOIW begins a prescribed process that could lead to a "withdrawal on notice" of Harvard's SEVIS certification. It remains to be seen how this might impact ongoing litigation. The university has 30 days to respond to the NOIW. DHS also filed the NOIW as an exhibit in the case (See Document 49 in the case docket on CourtListener). See NAFSA's page A Primer on Withdrawal of SEVP School Certification for background on the conditions and process.
May 23, 2025. Hearing on preliminary injunction set. The case docket on CourtListener (Document Number 13) indicates that a Preliminary Injunction Hearing has been set for May 29, 2025 at 10:30 a.m. Eastern time.
May 23, 2025. TRO granted. On the same day Harvard filed its lawsuit, the court granted Harvard's motion for a temporary restraining order (TRO). The TRO currently prevents the U.S. government from "Implementing, instituting, maintaining, or giving effect to the revocation of Plaintiff’s SEVP certification or "Giving any force or effect to the Department of Homeland Security’s May 22, 2025 Revocation Notice." Read the temporary restraining order.
May 23, 2025. Harvard President issues statement. Harvard President Alan Garber issued a May 23, 2025 statement to members of the Harvard Community.
May 23, 2025. Harvard files suit and moves for a TRO. Harvard University filed suit in the U.S. District Court for the District of Massachusetts, challenging DHS's revocation of Harvard's "Student and Exchange Visitor Program Certification" and asking for preliminary and permanent injunctive relief. Harvard also filed a motion for a temporary restraining order (TRO) to immediately preserve the status quo. The case is President and Fellows of Harvard College v. DHS et al., 1:25-cv-11472 (D.Mass). See the case docket on CourtListener.
May 22, 2025. NAFSA issues statement. NAFSA Statement: DHS Actions Against Harvard, International Students' Employment Opportunities Weaken U.S. National Security and Economy.
May 22, 2025. DHS Secretary Kristi Noem sends Harvard an SEVP Certification Revocation Letter. Read the May 22, 2025 letter from DHS Secretary Kristi Noem informing the university that: "Harvard University's Student and Exchange Visitor Program Certification is revoked" and giving Harvard 72 hours to provide all records the university possesses from the last five years regarding an array of activities involving nonimmigrant students, "If Harvard would like the opportunity of regaining Student and Exchange Visitor Program certification before the upcoming academic school year."
Additional Case Background
The May 22, 2025 Noem letter to Harvard demanded that the university respond with the following information within 72 hours:
- "Any and all records, whether official or informal, in the possession of Harvard University, including electronic records and audio or video footage, regarding illegal activity whether on or off campus, by a nonimmigrant student enrolled in Harvard University in the last five years.
- Any and all records, whether official or informal, in the possession of Harvard University, including electronic records and audio or video footage, regarding dangerous or violent activity whether on or off campus, by a nonimmigrant student enrolled in Harvard University in the last five years.
- Any and all records, whether official or informal, in the possession of Harvard University, including electronic records and audio or video footage, regarding threats to other students or university personnel whether on or off campus, by a nonimmigrant student enrolled in Harvard University in the last five years.
- Any and all records, whether official or informal, in the possession of Harvard University, including electronic records and audio or video footage, regarding deprivation of rights of other classmates or university personnel whether on or off campus, by a nonimmigrant student enrolled in Harvard University in the last five years.
- Any and all disciplinary records of all nonimmigrant students enrolled in Harvard University in the last five years.
- Any and all audio or video footage, in the possession of Harvard University, of any protest activity involving a nonimmigrant student on a Harvard University campus in the last five years."
Harvard's 72-page complaint, among other things:
- Argues that the government's actions to revoke Harvard's SEVP certification constitute "a blatant violation of the First Amendment, the Due Process Clause, and the Administrative Procedure Act"
- Challenges the process DHS used
- Challenges DHS's underlying requests
- Challenges DHS's authority to revoke Harvard's J-1 designation, which is governed by the Department of State, not DHS
- Asks the court for preliminary and permanent injunctions to stop "Defendants, their agents, and anyone acting in concert or participation with Defendants from implementing, instituting, maintaining, or giving effect to the unlawful revocation of Harvard’s SEVP certification."
Harvard filed its suit against the following defendants:
- United States Department of Homeland Security
- Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security
- United States Immigration and Customs Enforcement
- Todd Lyons, in his official capacity as Acting Director of United States Immigration and Customs Enforcement
- Student and Exchange Visitor Program
- John Doe, in their official capacity as Director of the Student and Exchange Visitor Program
- James Hicks, in his official capacity as Deputy Assistant Director of the Student and Exchange Visitor Program
- United States Department of Justice
- Pamela Bondi, in her official capacity as Attorney General of the United States
- United States Department of State
- Marco Rubio, in his official capacity as Secretary of the United States Department of State