Harvard University has filed an amended 101-page complaint in federal court challenging President Trump’s April 30, 2025 proclamation that bars foreign nationals from entering the United States to study at Harvard and a small group of other institutions. The university argues that the proclamation violates multiple federal statutes and the U.S. Constitution, and is part of a broader pattern of retaliation against Harvard for its perceived resistance to administration policies.
“With the stroke of a pen, the DHS Secretary and the President have sought to erase a quarter of Harvard’s student body—international students who contribute significantly to the University and its mission and the country,” the complaint states.
Filed in the U.S. District Court for the District of Massachusetts, the complaint lays out four central claims:
- Violation of the Immigration and Nationality Act (INA) – Harvard argues that the President overstepped his statutory authority under 8 U.S.C. § 1182(f) and § 1185(a). According to the university, these provisions do not permit the President to issue blanket bans on entry based on the identity of a single educational institution. The filing contends the proclamation is both beyond the administration’s legal authority and arbitrary.
- Retaliation in Violation of the First Amendment – The university alleges that the proclamation is a retaliatory action aimed at punishing Harvard for protected speech, including its resistance to previous federal initiatives like the China Initiative, its public stances on social justice issues, and its refusal to comply with what it describes as overbroad data demands from DHS.
- Violation of the Equal Protection and Due Process Clauses – Harvard argues that the proclamation discriminates against international students at a handful of institutions without a rational basis, thereby violating the Fifth Amendment.
- Violation of the Administrative Procedure Act (APA) – The complaint states that the DHS’s related attempt to terminate Harvard’s ability to sponsor F-1 and J-1 visas lacked lawful justification, failed to follow proper procedures, and was pretextual.
The university also cites the timing and context of the proclamation, which followed an April 10 letter from DHS revoking Harvard’s certification to sponsor international students. A federal judge granted a temporary restraining order blocking the revocation, but the government has not withdrawn the letter. Meanwhile, the proclamation functionally bars Harvard’s international admits from receiving visas—even though no adverse action has been finalized.
In a letter to Harvard students, President Alan Garber wrote “While the court considers our request, contingency plans are being developed to ensure that international students and scholars can continue to pursue their work at Harvard this summer and through the coming academic year.”
In its filing, Harvard includes evidence that students from the affected institutions are being denied entry at consulates and border checkpoints, despite holding valid immigration documents. The university argues that the proclamation and DHS actions have already caused “immediate and irreparable harm” to its educational mission, international students, and faculty.
Harvard is asking the court to declare the proclamation unlawful and to enjoin its enforcement, along with the April 10 DHS letter. The university warns that without judicial relief, it could lose the ability to enroll international students altogether.
“Each of us is part of a truly global university community” Garber wrote. “We know that the benefits of bringing talented people together from around the world are unique and irreplaceable. International students and scholars make outstanding contributions inside and outside of our classrooms and laboratories, fulfilling our mission of excellence in countless ways. We will celebrate them, support them, and defend their interests as we continue to assert our Constitutional rights.”
The case is part of President and Fellows of Harvard College v. U.S. Department of Homeland Security, No. 1:25-cv-10705.
