Harvard University has filed a lawsuit against the Trump administration, challenging a directive issued by the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) regarding international students.
The directive, announced on July 6, 2020, stated that international students on F-1 visas (for academic studies) and M-1 visas (for vocational studies) must leave the United States if their universities are offering only online classes for the fall 2020 semester.
Alternatively, the directive stipulated that these students could transfer to a school offering in-person instruction or face deportation.
Harvard’s lawsuit argues that the DHS/ICE directive is unlawful, alleging it violates the Administrative Procedure Act by failing to provide adequate justification and notice, as well as being arbitrary and capricious.
The university’s president, Lawrence Bacow, stated that the directive placed international students, who contribute significantly to Harvard’s community, in a difficult and potentially dangerous situation.
The lawsuit further argues that the directive will disrupt students’ educational plans and could potentially harm the university’s reputation and financial stability.
Other universities, including the Massachusetts Institute of Technology (MIT), also indicated they were considering legal action against the government’s new rule.
Harvard is seeking a preliminary injunction to prevent the directive from being enforced and a permanent injunction to declare it unlawful.
The Trump administration’s decision was made in response to the COVID-19 pandemic, as many universities moved classes online for the fall 2020 semester.
The legal challenge highlights the ongoing debate surrounding immigration policies and the impact of the pandemic on higher education.