US President Donald Trump’s most recent attempt to prevent foreign students from attending Harvard University has been blocked by a federal judge.
US District Judge Allison Burroughs issued a temporary restraining order late Thursday, hours after the Harvard asked the judge to intervene urgently to stop a proclamation Trump signed the day before that suspends international visas for new students.
Burroughs’ brief order stated that the Ivy League school would “sustain immediate and irreparable injury” before there is an opportunity to hear from all parties on the challenge to Trump’s decree if she didn’t step in right away. Her order “shall remain in effect until further order of this Court,” the judge declared.
In a court filing on Thursday, Harvard requested an urgent intervention from a judge to halt Trump’s order that prohibits international students from obtaining visas and entering the country, in the increasingly escalating dispute between the university and US president.
This is in addition to a lawsuit Harvard had previously filed on May 23, challenging the Trump administration’s attempt to prevent the university from enrolling foreign students.
According to the amended lawsuit, Trump’s order violates the First Amendment. It temporarily prevents almost all new foreign students from entering the US using the visas typically needed to enroll in academic exchange programs or study at universities. Harvard is the oldest and richest institution in the United States, with nearly 27% of its students’ body being foreign students.
Harvard’s refusal to share records regarding misconduct by international students could pose a national security risk, Trump had said. His order prohibited foreign researchers and students from Harvard from entering the US. The government also revoked the right of the university to sponsor their visas last month.
The amended lawsuit states, “With the stroke of a pen, the DHS Secretary and the President have sought to erase a quarter of Harvard’s student body, international students who contribute significantly to the University and its mission and the country.” It further adds that Harvard is not Harvard without its international students.
According to the legal filing, Trump’s order is founded on a law that gives the president the authority to bar “any class of aliens whose entry would be detrimental to the interests” of the US. Harvard, however, contends that the order does not prohibit such a group. Rather, it notes that if they do not attend Harvard, nonimmigrants may enter the country unabated.
Referring to the proclamation signed by Trump, Alan Garber, Harvard president told in a message to the university community on Thursday it is “yet another illegal step taken by the Administration to retaliate against Harvard.”
The university is working on backup plans to help international students and scholars continue their studies and research at Harvard during the summer and the upcoming academic year while they wait for the court’s response, he added.
According to both lawsuits, Harvard is being illegally punished by Trump for defying his wishes. The university argued that it’s right to free expression is being violated. When contacted for comment, neither the White House nor the Department of Homeland Security immediately responded.