Harvard files legal challenge over Trump’s ban on US entry for incoming foreign students

Massachusetts, Jun 6: Harvard University is challenging President Donald Trump’s move to block foreign students from coming to the United States to attend the Ivy League school, calling it illegal retaliation for Harvard’s rejection of White House demands.

In an amended complaint filed Thursday, Harvard called the president’s action an end-run around a previous court order. Last month, a federal judge blocked the Department of Homeland Security from revoking Harvard’s ability to host foreign students.

The filing attacks Trump’s legal justification for the action — a federal law allowing him to block a “class of aliens” deemed detrimental to the nation’s interests. Targeting only those who are coming to the US to study at Harvard doesn’t qualify as a “class of aliens,” Harvard said in its filing.

“The President’s actions thus are not undertaken to protect the interests of the United States,’ but instead to pursue a government vendetta against Harvard,” the university wrote.

The amended complaint came in a lawsuit filed last month challenging the previous action from Homeland Security. A federal judge in Boston blocked the move after Harvard said it violated the school’s First Amendment rights. The new filing asks the same judge to block Trump’s latest action too.

If Trump’s measure stands, it would block thousands of students who are scheduled to come to the campus in Cambridge, Massachusetts, for summer and fall terms.

“Harvard’s more than 7,000 F-1 and J-1 visa holders — and their dependents — have become pawns in the government’s escalating campaign of retaliation,” Harvard wrote.

Winning admission to Harvard University fulfilled a longtime goal for Yonas Nuguse, a student in Ethiopia who endured the Tigray conflict, internet and phone shutdowns, and the COVID-19 pandemic — all of which made it impossible to finish high school on time.

Now, it’s unclear if he will make it this fall to the Ivy League campus in Cambridge, Massachusetts. He and other admitted students around the world are anxiously tracking the school’s feud with the Trump administration, which is seeking to keep it from enrolling international students.

The war in the country’s Tigray region forced schools to close in many parts of the province. Nuguse, 21, took a gap year to study and save money to pay for his TOEFL English proficiency test in Addis Ababa, Ethiopia’s capital.

“The war affected me a great deal and when I found out the news that I was accepted to Harvard, I was ecstatic. I knew it was a proud moment for my family, teachers, mentors and friends, who were instrumental in my achievement,” he said.

Increasingly, the nation’s oldest and best-known university has attracted some of the brightest minds from around the world, with international students accounting for one-quarter of its enrollment. As Harvard’s fight with the administration plays out, foreign students are now navigating deep uncertainty and weighing other options.

On Wednesday, President Donald Trump signed a directive seeking to block US entry for Harvard’s international students. It marked the administration’s latest effort to squeeze Harvard’s foreign enrollment after a federal judge in Boston blocked the withdrawal of its certification to host students from overseas.

The standoff with Harvard comes as the administration has been tightening scrutiny of student visas nationwide. Thousands of students around the country abruptly lost permission to be in the U.S. this spring before the administration reversed itself, and Secretary of State Marco Rubio announced last week the U.S. would “aggressively revoke” visas for students from China.

The future of Harvard’s international students has been hanging in the balance since the Department of Homeland Security first moved to block its foreign enrollment on May 22.

For many, the twists and turns have been exhausting. Jing, a 23-year-old master’s student, is currently completing an internship in China this summer and is unsure if he can reenter the U.S. for the fall semester.

“It is tiring, we all feel numb now. Trump just makes big news headlines once every few days since he got back to the White House,” said Jing, who agreed to speak under his family name out of concern about retaliation from the Trump administration.

Jing said he is going to watch and see what happens for now, in case the move against international students is a negotiating tactic that does not stick.

The possibility that Trump could block foreign enrollment at other colleges only raises the uncertainty for students planning to pursue their education overseas, said Craig Riggs, who has been working in international education for about 30 years and is the editor of ICEF Monitor. He said he urges families to consult carefully with advisers and not to overreact to the day’s headlines.

“The rules under which students would make this huge decision to devote years of their lives and quite a bit of money to studying at Harvard have been shown to change quite quickly,” Riggs said.

An aspiring economist, Nuguse was the only student accepted to Harvard this year from Kalamino Special High School, which caters to gifted students from underprivileged backgrounds from across Tigray.

After receiving acceptances also to Columbia University and Amherst College, Nuguse chose Harvard, which he had long dreamed of attending. He said he hopes it will work out to attend Harvard.

Nuguse was granted a visa to study at Harvard, and he worries it might be too late to reverse his decision and attend another university anyway. He received an email from Harvard last week, telling him to proceed with his registration and highlighting a judge’s order in Harvard’s favour in the dispute over foreign enrollment.

“I hope the situation is temporary and I can enrol on time to go on and realise my dream far from reality in Ethiopia,” he said.(AP)

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