The Trump administration today formally defended its policy restricting foreign students from enrolling at Harvard University, submitting a brief to the U.S. Court of Appeals for the First Circuit. The administration argued that a lower court judge overstepped by blocking the policy, emphasizing that decisions regarding immigration fall squarely within the executive branch’s authority.
In its filing, the federal government maintained that President Donald Trump’s proclamation is lawful and rooted in legitimate national security and administrative concerns. The brief contended that Harvard’s failure to comply with Student and Exchange Visitor Program oversight contributed to security risks and does not justify judicial interference.
“The determination of immigration policy is committed to the political branches and is not subject to judicial second-guessing,” the brief stated. “Even if judicial review were appropriate, the lower court’s analysis cannot be reconciled with the statute’s plain language or controlling precedent.”
The case arises after U.S. District Judge Allison D. Burroughs issued a preliminary injunction allowing Harvard to continue enrolling foreign students, who constitute approximately a quarter of its student body. The Trump administration cited the U.S. Supreme Court’s 2018 ruling in Trump v. Hawaii, arguing that the proclamation similarly identifies a class of foreign nationals, determines a threat to national interest, and restricts entry accordingly.
Harvard has challenged the policy, claiming it represents retaliation against the university for resisting executive control over governance and curriculum. The administration, however, told the First Circuit that Harvard’s arguments lack merit and that the injunction imposes undue costs on the executive branch while undermining the integrity of the student-visa system.
The case, President and Fellows of Harvard College v. U.S. Department of Homeland Security et al., case number 25-1627, is pending before the U.S. Court of Appeals for the First Circuit.
