Cases & Developments

Order Granting Plaintiff’s Motion for a Preliminary Injunction. Plaintiff, the President and Fellows of Harvard College, brought suit against the several United States government agencies as well as cabinet-level and senior officials alleging violations of the First Amendment, Due Process, and the Administrative Procedure Act (APA) following defendants’ revocation of plaintiff’s SEVP status. On May 22, 2025, defendants revoked plaintiff’s ability to host F-1 and J-1 visa holders, impacting more than 7,000 students. Defendants deemed plaintiff’s response to a Records Request demanding the production of “wide-ranging information for ‘each student visa holder’ across [plaintiff’s] 13 schools within ten business days” as insufficient with no further explanation and subsequently revoked plaintiff’s SEVP certification. In response to defendants’ actions, plaintiff filed suit and asked the Court to declare defendants’ actions as unconstitutional and/or unlawful, as well as to preliminarily and permanently enjoin defendants from maintaining or giving effect to the revocation of the SEVP certification, the May 22, 2025 Revocation Notice from DHS or initiating any further retaliation for plaintiff’s “exercise of its rights under the First Amendment.” The court granted plaintiff’s preliminary injunction, effectively enjoining defendants from implementing or giving any effect to the May 22 Revocation Notice, the revocation of plaintiff’s Exchange Visitor Program, and directed defendants to “immediately prepare guidance to [d]efendants’ officers, staff, employees, and contractors—including but not limited to those at each consulate, embassy, field office, and port of entry—to disregard the May 22, 2025 revocation Notice and to restore every visa holder and applicant to the position that individual would have been absent such Revocation Notice” within 72 hours of the Order.

The American Council on Education (ACE) sent a letter to the U.S. Department of State (the Department) sharing goals and priorities of higher education and offering itself as a resource to work on current issues. The Letter highlights the desire for the Department to address wait times and processes for student visa applications and continue working with ACE regarding the timely processing of student visas, and on issues impacting exchange programs, international students, and research programs.