The judge prohibits Trump’s efforts to restrict foreign students at Harvard University

Harvard University won its battle to register international students, after the Trump administration seemed to retreat from its initial reunification and a federal judge supported a bloc on the government’s order.

The Ministry of Internal Security said on Thursday that it will now grant Harvard University 30 days to prove that it meets the requirements of the student visitors and exchange program (SEVP), which allows universities to host academics on visas.

A message from the Minister of National Security, Christie Nom, noted that the “Harvard’s” Certification Certificate “The intention of clouds” needed for foreign students on the campus.

“The failure to respond to this notice during the allocated time will lead to the withdrawal of your school certificate,” she wrote.

A previous notice of May 22 has canceled Harvard’s certificate with SEVP, which paid a quick suit from the university and a quick restriction on equal footing of the judge.

The American boycott judge, Alison Borruz, indicated on Thursday that it would later issue a long -term contract, known as an initial judicial order, which will be in the case in court. This development will allow international students and faculty members to continue studying at Harvard University during continuous litigation.

The legal battle is closely monitored by other American universities and thousands of foreigners studying at Harvard University and around the country.

Lawyers say that there are two main questions playing Harvard’s suit.

Are the government’s reasons for targeting Harvard’s participation in the student visa program under the law?

Are these legitimate reasons, or just an excuse to punish Harvard for constitutionally protected speech, hates management?

While legal experts agree that the Trump administration might lose if the courts find that it has targeted Harvard University for ideological reasons, the government has taken steps that could help it on the prevailing – with broader and live effects.

The wave on the horizon in the confrontation is a greater question: Can the American government dictate what universities can study, and who can employ it, and who can register?

“This may be the type of the case that can be flowing, on a quick track, from the local court to the first circle to the US Supreme Court,” said Aram Jafour, a co -dean of the Faculty of Law at George Washington University and the former lawyer of the Ministry of Justice.

American academic visas on which students, researchers, and faculty in the United States are dependent on it, supervised by Immigration and Customs Enforcement Agency (ICE), which is a subsidiary of the Ministry of Internal Security.

To participate, universities must obtain a certificate from the Ministry of National Security through the student visitors and exchange program (SEVP). Last week, the government canceled the Harvard University SEVP certificate, which led to the hosting of international students and researchers.

“With regard to the general authority of DHS, it is very strong. It is a certified agency for this program and there is a variety of rules where re -discrimination can be done,” said Mr. Jafour. The courts tend to be an agency, as well.

“There are certain limits for that,” he said.

The first amendment to the United States constitution, which guarantees freedom of expression for individuals, companies and entities such as Harvard, is strong protection – a strong protection that Harvard has repeatedly called for Harvard.

If judges specify the basis of the Ministry of National Security to withdraw Harvard’s certificate stems from ideological differences and violates the rights of freedom of expression at the university, the court can judge against the government.

“He will manage a lot if the courts conclude whether the first amendment is involved here,” said Mr. Jafour.

Legal experts say that the references to Harvard’s alleged ideological tendencies appear during the Trump administration messages and its data – it may be a problem for the White House in court.

A message on April 11 at the university ordered major changes to its operations, including bringing a third party “to check the student body, faculty, employees, and leadership for the diversity of the view.”

President Trump Harvard attacked the social truth in order to “use almost all waking up, extreme ease, stupid and” Birdbreins “. A separate job for the university called for the loss of tax -exempt status “if it continues to pay the political, ideological and terrorist” disease “.

In her initial message on May 22 to Harvard about the qualification of the students ’visa, Minister of Internal Security Christie Nom said that Harvard is” hostile to Jewish students, enhances sympathy, and uses the policies of “diversity, fairness and racist inclusion.”

Harvard University argues that the Trump administration’s actions are not related to anti -Semitism or maintaining the safety of Americans.

The school says in the lawsuit: “The cancellation of a visa certificate is” the latest work by the government in the clear revenge of Harvard, who exercises the first amendment rights to reject the government’s demands to control Harvard’s governance, curricula, and “ideology” of faculty and students. “He also claims that the government has violated Harvard University’s right to legal measures and ignore appropriate measures to take action against it.

“The administration explains that it is following Harvard because of the views they attributed to students and faculty members at Harvard University and the institution itself,” said Will Kerily, the Foundation for the Legal Director for Individual Rights and Expression.

“The smoking pistol is really very smoked, it is there,” he said.

Harvard University must comply with federal discrimination laws that prevent bias on the basis of race, gender, national origin or other protected seasons, but “this does not mean that the federal government can dictate the principles of teaching accepted in the classroom at Harvard University.”

Mr. Kerlli said that contracts of legal precedents and the decisive decision of the United States in 1957 support this concept.

Despite Harvard’s argument, the nuances can be held.

The United States historically performs the illness of potential international students of its views that it deems unsafe, which can include terrorist or totalitarian regimes. In the past, communist tendencies have been used to ban foreign academics from the United States. Chapter Six of the Civil Rights Law prohibits discrimination against Jewish students.

Mr. Jafour said that Minister Naim’s speech to Harvard on May 22 calls for these concepts to justify the withdrawal of the certificate, which means that they “can read in a way that is everything that is illegal” by the university.

“The government can win here,” he said.

Even if the judge prohibits a visa policy, Trump may have already won because of the international enrollment chilling.

“It is similar to self -reporting. They want people to Yununol,” he said.

In the White House on Wednesday, President Trump put forward the idea of ​​training international students by 15 % of the Harvard Student Authority.

“We have people (who) want to go to Harvard and other schools,” he said. “They cannot enter because we have foreign students there.”