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 a hearing on Harvard's request for a preliminary injunction set for May 29, 2025. The granting of a preliminary injunction 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."
Timeline
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
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