United States: District Judge Issues Preliminary Injunction Against Revocation of Harvard’s Student and Exchange Visitor Program Certification
June 20, 2025
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At a glance
- A court order blocks the Departments of Homeland Security, State, and Justice from enforcing a purported revocation of Harvard’s certification to participate in the Student and Exchange Visitor Program (SEVP) while a lawsuit challenging the agencies’ actions against the university proceeds.
- The order allows Harvard to continue to enroll foreign students and exchange visitors, and prohibits the government from denying a visa, denying admission to the United States, or taking any other adverse action against a Harvard-bound foreign student or exchange visitor on the basis of the purported SEVP revocation.
- The government is expected to appeal the preliminary injunction.
The issue
The U.S. District Court for the District of Massachusetts granted a preliminary injunction that prohibits the Departments of Homeland Security, State, and Justice from enforcing a May 22, 2025 purported revocation of Harvard’s Student and Exchange Visitor Program (SEVP) certification and Exchange Visitor Program (EVP) designation. The case is President and Fellows of Harvard College v. DHS et al., Case No. 1:25-cv-11472 (D. Mass., filed May 23, 2025).
Specifically, the injunction prohibits the agencies from:
- Terminating Harvard’s access to the Student and Exchange Visitor Information System (SEVIS);
- Making any determination that a visa holder has failed to maintain nonimmigrant status on the basis of the purported revocation of Harvard’s SEVP certification and or Exchange Visitor Program designation;
- Taking any adverse action or determination with respect to a visa application on the basis of the purported revocation of Harvard’s SEVP certification or EVP designation; or
- Denying admission on the basis of the purported revocation of Harvard’s SEVP certification or EVP designation.
The agencies are required within 72 hours to issue guidance instructing consular posts, field offices, and ports of entry to disregard the May 22 revocation notice and return all visa holders and applicants to the position they would have been in had the revocation notice not been issued.
Background
On May 22, 2025, Homeland Security Secretary Kristi Noem sent a letter to Harvard University purporting to revoke its certification to enroll foreign students and exchange visitors in the Student and Exchange Visitor Program. Secretary Noem asserted that Harvard had perpetuated an unsafe campus environment and had failed to fully comply with a request for records and information on alleged student misconduct. On June 4, President Trump issued a proclamation that banned visa issuance and entry to foreign nationals seeking to enter the United States in F, M, or J status in order to begin attending Harvard University. The university filed a lawsuit challenging these actions and was granted a temporary restraining order against the government while the court considered a preliminary injunction.
What the court order means
The preliminary injunction means Harvard will be able to continue to enroll foreign students and exchange visitors. Foreign students and exchange visitors at Harvard will not be subject to revocation of their visas, refusal of entry to the United States, or findings of failure to maintain status solely on the basis of the government’s attempted revocation of Harvard’s SEVP certification.
The government is expected to appeal the injunction.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
