Banners at the Harry Elkins Widener Memorial Library on the Harvard University campus in Cambridge, Mass., May 27, 2025. (Sophie Park/Bloomberg)
At issue is whether the Trump administration has grounds to revoke Harvard's SEVP certification. Trump officials have accused Harvard University of "fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus," according to a statement from DHS Secretary Kristi Noem.
Legal experts told Fox News Digital that foreign students have far fewer protections than U.S. citizens, which puts Harvard at the government's mercy as long as the Trump administration satisfies certain procedural requirements.
Experts noted that the SEVP program falls squarely under the authority of DHS and ICE, giving the Trump administration broad discretion to certify, extend or revoke a university’s participation based on the conduct of its foreign student visa holders.
STATE DEPARTMENT NOW SCRUTINIZING ALL VISA HOLDERS ASSOCIATED WITH HARVARD
While U.S. citizens have First Amendment protected free speech rights, the same is not true for foreign students studying in the U.S., whose status is sponsored by their university.
The intersection "of First Amendment [issues] with immigration law, at least to this extent, has really become a new thing under this administration," Robert Shibley, the special counsel for campus advocacy at the Foundation for Individual Rights and Expression, told Fox News Digital.
"Part of the complication here is that the government does have so much more leeway on foreign policy issues," Shibley said. "However, I think in this case, there's a pretty clear process laid out in the regulations for stripping a school of its ability to get foreign students to attend on visas — and simply demanding a certain amount of information from the school and stripping them immediately, which is what they originally said, not the process."
Harvard President Alan Garber acknowledges an extended round of applause during Harvard University's commencement ceremonies Thursday, May 29, 2025 in Cambridge, Mass. (AP Photo/Charles Krupa)
Student visa holders are given roughly 180 days after their status is revoked to leave the country or risk violating the law, making the case of utmost importance for thousands of students.
Legal experts noted the court is wading into largely uncharted territory. Asked how it might play out, many scholars pointed to a lack of precedent and offered no clear answer.
"As with many things that Trump does, the answer is unclear, because it hasn't been done before," Josh Blackman, a law professor at South Texas College of Law, said. "No president has tried to do this before, so I don't think there's a clear precedent on the answer.
"What I'll say is this: Trump has basically accused Harvard of being a front for terrorism and emboldening terrorism," he added. "And I think what they're trying to do is determine if this institution can basically exist."
This was echoed by Gavoor, who said things need to play out between the Trump administration and Harvard before the court can properly decide if the government followed the law.
"I think Harvard does need to comply with the off-cycle review of DHS's SEVP certification," Gavoor said.
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At the same time, he said, even if the Trump administration loses on the merits of this case, "there's a point to be argued that it may have won as a function of policy," he said.
"That's because it simply creates a chilling effect for students who would otherwise be attending or apply to Harvard University to be less inclined to do so or [causes them] to make alternative plans for their education In the U.S."
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/court-preserves-status-quo-harvard-visa-certification-amid-accusations-fostering-unrest-ties-china