President and Fellows of Harvard College v. Department of Health and Human Services (Harvard HHS grants, D. Mass., 2025)
Legal Issues
BrynoDC Coverage 2 videos
Overview
Overview
Harvard University sued the Trump administration over President Trump's announcement that he is revoking the certification that allows Harvard to enroll international students under the F-1 visa program.
Overview
The government appealed Judge Burrough's order granting a preliminary injunction preventing the revocation of Harvard's Student and Exchange Visitor Program certification.
The Issue
Issue
Whether the President's executive revocation of Harvard's F-1 visa certification authority complied with the Administrative Procedure Act and fell within statutory authorization under the Immigration and Nationality Act.
The Rules
Rule
The Administrative Procedure Act requires federal agencies to follow notice-and-comment procedures before issuing final rules affecting legal rights. Agency actions must be authorized by and consistent with applicable statutes, which may delegate authority to specific officials rather than the President unilaterally.
The Application
Analysis
Harvard argues the revocation violated the APA by bypassing procedural safeguards and exceeded executive authority by unilaterally rescinding an F-1 certification that the INA may reserve to the Secretary of State or designated immigration officials.
The Conclusion
Conclusion
The case is active before Judge Allison D. Burroughs in the District of Massachusetts, with litigation pending on the legality and procedural validity of the certification revocation.
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