{"id":120187,"date":"2025-05-23T14:40:16","date_gmt":"2025-05-23T22:40:16","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/05\/23\/dhs-benchslapped-with-immediate-tro-in-harvard-student-visas-case\/"},"modified":"2025-05-23T14:40:16","modified_gmt":"2025-05-23T22:40:16","slug":"dhs-benchslapped-with-immediate-tro-in-harvard-student-visas-case","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/05\/23\/dhs-benchslapped-with-immediate-tro-in-harvard-student-visas-case\/","title":{"rendered":"DHS Benchslapped With Immediate TRO In Harvard Student Visas Case"},"content":{"rendered":"
\"\"
<\/figcaption><\/figure>\n

Some presidents walk softly and carry a big stick. Some presidents bigfoot around, shouting \u201cWE\u2019RE ABOUT TO DO SOME CRAZY ILLEGAL SHIT!\u201d and telegraphing every punch. Those presidents get injunctions in record time.<\/p>\n

Yesterday, Homeland Security Secretary Kristi Noem announced that Harvard University would be barred from admitting students under the Student and Exchange Visitor Program (SEVP). This would have the effect of revoking the visas for more than a quarter of the student body, including those already enrolled for summer school and the 2025-2026 academic year.<\/p>\n

The move was not unanticipated. Trump has been shouting about revoking Harvard\u2019s tax exempt status for months, and rasslin\u2019 impresario Linda McMahon, who is somehow Secretary of Education, has been making weird noises about the university not \u201cvetting professors that they\u2019re hiring to make sure that they\u2019re not teaching ideologies.\u201d Whatever the hell that means<\/em>.<\/p>\n

Noem and her goons have been stomping around demanding not just visa records, which they\u2019re entitled to under the SEVP\u2019s records keeping requirement, but also \u201cinformation regarding misconduct and other offenses that would render foreign students inadmissible or removable.\u201d First she said that failure to comply would constitute a \u201cvoluntary withdrawal\u201d from the program. Then, when Harvard did<\/em> comply, she demanded even more information about disciplinary records of foreign students.<\/p>\n

Harvard\u2019s lawyers are no dummies \u2014 the university\u2019s counsel includes attorney\u2019s from Lehotsky Keller Cohn, Jenner & Block, Quinn Emanuel, and King & Spalding. They took care to build a voluminous record of compliance, knowing well what was coming. <\/p>\n

And yesterday, it came, in a letter<\/a> from Noem announcing the university\u2019s decertification:<\/p>\n

\n

As a result of your refusal to comply with multiple requests to provide the Department of Homeland Security pertinent information while perpetuating an unsafe campus environment that is hostile to Jewish students, promotes pro-Hamas sympathies, and employs racist \u201cdiversity, equity, and inclusion\u201d policies, you have lost this privilege.<\/p>\n<\/blockquote>\n

Noem then headed to Fox News to ensure that everyone would know this was pure retaliation for disfavored speech, not because the school violated SEVP standards.<\/p>\n

\n
\n
\n

after announcing that foreign students are being banned from Havard, Noem warns “this should be a warning to every other university to get your act together.”<\/p>\n

\u2014 Aaron Rupar (@atrupar.com)<\/a> 2025-05-22T19:59:16.061Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

Within hours, Harvard filed a 72-page complaint<\/a> with 28 exhibits alleging First Amendment retaliation and viewpoint discrimination, along with due process and statutory violations. They designated the case as related to the pending suit<\/a> over the administration arbitrarily yanking funds from the school to punish it for amorphous thought crimes, and, having successfully gotten themselves a berth on Judge Allison Burroughs\u2019s docket, filed an emergency motion for a temporary restraining order<\/a>.<\/p>\n

\u201cRevoking Harvard\u2019s certification is unlawful many times over,\u201d they wrote, noting that there is a process for revoking SEVP certification, and it involves more than just yelling about antisemitism and \u201cillegal\u201d DEI.<\/p>\n

\u201cThe thousands of international students who were scheduled to arrive on campus for the upcoming summer and fall terms will no longer be able to enter the country,\u201d they argued, adding, \u201cThe effects on Harvard\u2019s students\u2014all of its students\u2014will be devastating. Without its international students, Harvard is not Harvard.\u201d<\/p>\n

And Judge Burroughs agreed. Before lunch, she issued a TRO<\/a> barring the government from \u201cImplementing, instituting, maintaining, or giving effect to the revocation of Plaintiff\u2019s SEVP certification\u201d or \u201cGiving any force or effect to the Department of Homeland Security\u2019s May 22, 2025 Revocation Notice.\u201d <\/p>\n

Kristi Noem barely got a full news cycle out of the thing. And thanks to her constant shouting that she\u2019s cutting grants and revoking the \u201cprivilege\u201d of SEVP to punish the school for exceeding the WOKE limit, she\u2019s not going to win another cycle any time soon.<\/p>\n

A hearing is scheduled for Wednesday at 10:30am. Let\u2019s see which DOJ lawyer gets to show up and argue that it\u2019s totally fine<\/em> to cancel summer school because Harvard is teaching anti-American ideologies.<\/p>\n

President and Fellows of Harvard College v. United States Department of Homeland Security<\/a> [Docket via Court Listener]<\/p>\n

\n

Liz Dye<\/a>\u00a0lives in Baltimore where she produces the Law and Chaos\u00a0substack<\/a>\u00a0and\u00a0podcast<\/a>.<\/strong><\/em><\/p>\n<\/p>\n

The post DHS Benchslapped With Immediate TRO In Harvard Student Visas Case<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
<\/figcaption><\/figure>\n

Some presidents walk softly and carry a big stick. Some presidents bigfoot around, shouting \u201cWE\u2019RE ABOUT TO DO SOME CRAZY ILLEGAL SHIT!\u201d and telegraphing every punch. Those presidents get injunctions in record time.<\/p>\n

Yesterday, Homeland Security Secretary Kristi Noem announced that Harvard University would be barred from admitting students under the Student and Exchange Visitor Program (SEVP). This would have the effect of revoking the visas for more than a quarter of the student body, including those already enrolled for summer school and the 2025-2026 academic year.<\/p>\n

The move was not unanticipated. Trump has been shouting about revoking Harvard\u2019s tax exempt status for months, and rasslin\u2019 impresario Linda McMahon, who is somehow Secretary of Education, has been making weird noises about the university not \u201cvetting professors that they\u2019re hiring to make sure that they\u2019re not teaching ideologies.\u201d Whatever the hell that means<\/em>.<\/p>\n

Noem and her goons have been stomping around demanding not just visa records, which they\u2019re entitled to under the SEVP\u2019s records keeping requirement, but also \u201cinformation regarding misconduct and other offenses that would render foreign students inadmissible or removable.\u201d First she said that failure to comply would constitute a \u201cvoluntary withdrawal\u201d from the program. Then, when Harvard did<\/em> comply, she demanded even more information about disciplinary records of foreign students.<\/p>\n

Harvard\u2019s lawyers are no dummies \u2014 the university\u2019s counsel includes attorney\u2019s from Lehotsky Keller Cohn, Jenner & Block, Quinn Emanuel, and King & Spalding. They took care to build a voluminous record of compliance, knowing well what was coming. <\/p>\n

And yesterday, it came, in a letter<\/a> from Noem announcing the university\u2019s decertification:<\/p>\n

\n

As a result of your refusal to comply with multiple requests to provide the Department of Homeland Security pertinent information while perpetuating an unsafe campus environment that is hostile to Jewish students, promotes pro-Hamas sympathies, and employs racist \u201cdiversity, equity, and inclusion\u201d policies, you have lost this privilege.<\/p>\n<\/blockquote>\n

Noem then headed to Fox News to ensure that everyone would know this was pure retaliation for disfavored speech, not because the school violated SEVP standards.<\/p>\n

\n
\n
\n

after announcing that foreign students are being banned from Havard, Noem warns “this should be a warning to every other university to get your act together.”<\/p>\n

\u2014 Aaron Rupar (@atrupar.com)<\/a> 2025-05-22T19:59:16.061Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

Within hours, Harvard filed a 72-page complaint<\/a> with 28 exhibits alleging First Amendment retaliation and viewpoint discrimination, along with due process and statutory violations. They designated the case as related to the pending suit<\/a> over the administration arbitrarily yanking funds from the school to punish it for amorphous thought crimes, and, having successfully gotten themselves a berth on Judge Allison Burroughs\u2019s docket, filed an emergency motion for a temporary restraining order<\/a>.<\/p>\n

\u201cRevoking Harvard\u2019s certification is unlawful many times over,\u201d they wrote, noting that there is a process for revoking SEVP certification, and it involves more than just yelling about antisemitism and \u201cillegal\u201d DEI.<\/p>\n

\u201cThe thousands of international students who were scheduled to arrive on campus for the upcoming summer and fall terms will no longer be able to enter the country,\u201d they argued, adding, \u201cThe effects on Harvard\u2019s students\u2014all of its students\u2014will be devastating. Without its international students, Harvard is not Harvard.\u201d<\/p>\n

And Judge Burroughs agreed. Before lunch, she issued a TRO<\/a> barring the government from \u201cImplementing, instituting, maintaining, or giving effect to the revocation of Plaintiff\u2019s SEVP certification\u201d or \u201cGiving any force or effect to the Department of Homeland Security\u2019s May 22, 2025 Revocation Notice.\u201d <\/p>\n

Kristi Noem barely got a full news cycle out of the thing. And thanks to her constant shouting that she\u2019s cutting grants and revoking the \u201cprivilege\u201d of SEVP to punish the school for exceeding the WOKE limit, she\u2019s not going to win another cycle any time soon.<\/p>\n

A hearing is scheduled for Wednesday at 10:30am. Let\u2019s see which DOJ lawyer gets to show up and argue that it\u2019s totally fine<\/em> to cancel summer school because Harvard is teaching anti-American ideologies.<\/p>\n

President and Fellows of Harvard College v. United States Department of Homeland Security<\/a> [Docket via Court Listener]<\/p>\n

\n

Liz Dye<\/a>\u00a0lives in Baltimore where she produces the Law and Chaos\u00a0substack<\/a>\u00a0and\u00a0podcast<\/a>.<\/strong><\/em><\/p>\n<\/p>\n

The post DHS Benchslapped With Immediate TRO In Harvard Student Visas Case<\/a> appeared first on Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Some presidents walk softly and carry a big stick. Some presidents bigfoot around, shouting \u201cWE\u2019RE ABOUT TO DO SOME CRAZY ILLEGAL SHIT!\u201d and telegraphing every punch. Those presidents get injunctions in record time. Yesterday, Homeland Security Secretary Kristi Noem announced that Harvard University would be barred from admitting students under the Student and Exchange Visitor […]<\/p>\n","protected":false},"author":3,"featured_media":120188,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-120187","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/05\/Benchslapped-01-620x497-UmZdKN.jpeg?fit=620%2C497&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/120187","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=120187"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/120187\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/120188"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=120187"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=120187"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=120187"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}