The first part of the judicial reasons striking down this sad, Trump-diarrhea bullshit for all the many, many reasons that it was completely and utterly illegal.
INTRODUCTION
For more than 70 years, Harvard University (“Harvard” or the “University”) has been
certified by the federal government to enroll international students under the F-1 visa program,
and it has long been designated as an exchange visitor program sponsor to host J-1 nonimmigrants.
Harvard has, over this time, developed programs and degrees tailored to its international students
and invested millions to recruit the most talented such students and integrate them into all aspects
of the Harvard community. Yesterday, the government abruptly revoked Harvard’s certification to
host F-1 and J-1 students1 without process or cause, to devastating effect for Harvard and more
than 7,000 Harvard students and affiliates on F-1 and J-1 visas.
The government’s revocation of Harvard’s certification was not a product of the ordinary
review process set out in detailed regulations that define the limited circumstances under which a
school’s certification may be revoked and put a premium on the due process rights of institutions
and students. On its face, the revocation is part of the government’s broader effort to retaliate
against Harvard for its refusal to surrender its academic independence.
2 In response to the government’s disagreement with the perceived viewpoints of Harvard, its faculty, and its students,
the government issued a series of demands requiring Harvard to submit to government oversight of the faculty it hires,
the students it admits, and the courses it teaches. When Harvard declined,
the Administration unleashed the full power of the federal government, freezing billions in federal
grants, proposing to eliminate Harvard’s tax-exempt status, opening multiple federal
investigations, and—most relevant here—threatening to terminate Harvard’s participation in the
F-1 and J-1 visa programs.
Yesterday, the government made good on that threat—and it did so via a letter that makes
plain that DHS is not even pretending to follow its own regulations, either as to process or as to
substance. Instead, DHS all but announced that the revocation is blatantly in retaliation for
Harvard’s exercise of its academic freedom.
Revoking Harvard’s certification is unlawful many times over. It is a pillar of our
constitutional system that the government cannot “invok[e] legal sanctions and other means of
coercion” to police private speech, especially when the government’s treatment is animated by
viewpoint discrimination. Nat’l Rifle Ass’n of Am. v. Vullo, 602 U.S. 175, 189 (2024) (quoting
Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 67 (1963)). Prohibitions on viewpoint discrimination
and on retaliation for protected speech are at the core of the First Amendment’s protections. And
especially so here, because “academic freedom” is “a special concern of the First Amendment.”
Keyishian v. Bd. of Regents of Univ. of N.Y., 385 U.S. 589, 603 (1967). The government’s effort
to punish the University for its refusal to surrender its academic independence and for its perceived
viewpoint is a patent violation of the First Amendment.
The government’s action also violates the Administrative Procedure Act (“APA”) and the
Fifth Amendment in ways that underscore that what is really going on here is not a concern that
Harvard has a noncompliant F-1 visa program, but rather undisguised retaliation. The revocation
is quintessential arbitrary, irrational, and unilateral executive action. The government bypassed its
own regulatory framework, which—recognizing the school’s and its students’ weighty reliance
interests—specifies detailed procedures and standards for withdrawing a school’s certification. At
the same time, DHS ran roughshod over procedural due process protections, not to mention the
procedural protections in its own regulations. DHS imposed a penalty that is wholly
unprecedented, and which it has no authority to impose under the circumstances. And DHS’s
explanation in its letter—which vaguely gestures toward unexplained “reporting requirements”
and then declares that DHS will “root out the evils of anti-Americanism”—is the quintessence of
arbitrary and capricious agency decisionmaking.
Emergency relief is essential.
2 This case stems from the same campaign of retaliation as described in President and Fellows of
Harvard College v. U.S. Department of Health and Human Services et al., No. 25-cv-11048 (D.
Mass. Apr. 21, 2025) (the “Funding Case”), in which Harvard has challenged the government’s
freeze and terminations of billions of dollars in multi-year grants to Harvard. DHS’s revocation of
Harvard’s longstanding certification to enroll international students involves a different adverse
action against Harvard, but like the Funding Case, this case involves a coordinat