Trump is downhill but not to the court battle over Harvard’s foreign student visas

A federal judge confirmed a court order blocked by President Donald Trump of Harvard University of his ability to sponsor students’ international visas.

The Judge of the North District -American Allison D. Burroughs on Thursday extended its previous containment order, which prevents the Trump administration from reviving Harvard’s certification within the framework of the student and exchange visitors program, or SEVP. This certification allows colleges to sponsor international students for U.S. visas during their enrollment.

Burroughs, appointment of Obama, said that he would preserve the status quo while both parties confer and send a proposed preliminary order or proposed orders for individuals.

But the court’s update is not a loss for the Trump administration, at least not yet.

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It is if the Trump administration has reason to revoke Harvard’s Sevp certification. Trump officials have accused Harvard University of “fostering violence, anti -Semitism and coordination with the Chinese Communist Party on their campus,” according to a statement by DHS Secretary Kristi Noem.

Legal experts told Fox News Digital that foreign students have much less protections than North -American citizens, which puts Harvard in La Mercè del Government as long as the Trump administration fulfills certain procedural requirements.

Experts said that the Sevp program is in the DHS and ICE authority, giving the Trump administration extensive discretion to certify, expand or revoke the participation of a university based on the behavior of its foreign student visa holders.

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Although North -American citizens have protected the first modification of free voice rights, the same is not true for foreign students studying in the United States, the condition of their university is sponsored by their university.

The intersection “of the first amendment [issues] With the immigration law, at least to this point, it has become a new thing under this administration, “Robert Shibley, the special counselor in the defense of the Foundation for the Foundation for Individual Rights and Expression, told Fox News Digital.

“Part of complication here is that the government has much more margin in foreign policy issues,” said Shibley. “However, I think in this case, there is a clear process in the regulations to undress a school of their ability to get foreign students to attend visas, and simply demanding some school information and stripping them immediately, which is what they originally said, not the process.”

Shortly after the court was postponed on Thursday, the Trump administration gave Harvard 30 days to submit tests and argue why his Sevp certification should not be revoked. It is not clear if this only meets the procedural requirements under the administrative procedure law.

The court must also consider what kind of conduct are engaged in student visas holders, and if these student visas holders are engaged in serial violations of the immigration law or act in support of foreign terrorist organizations, alleged foreign terrorist organizations or foreign totalitarian governments.

“This gives participation in DHS to investigate and re-evaluate itself out of cycle, certification and eligibility Sevp,” said Aram Gavoor, an associate dean of George Washington University Law School and former Ministry of Justice. In this case, he said, DHS would have “significant authorities to authorize, regulate, certify and, if necessary, discover, the program of student visitors and exchange”.

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“And, under various circumstances, the ability of a university to operate its own educational institution with what it teaches and how it teaches that, in certain circumstances, can tension with the authority of the United States government to regulate immigration in the context of student exchange visitors,” added Gavoor.

Harvard’s lawyers told the court that, if promulgated, the revocation of their Sevp program would affect approximately 7,000 international students at the school at the university and postgraduate levels, causing irreparable damage. They also stated that the action was a breach of the administrative procedure, which requires that the administration grant a certain notification period before revoking its SEVP credentials.

“The revocation continues a series of government actions to retaliate against Harvard for our refusal to surrender our academic independence,” said Harvard University President Alan Garber on Friday in a letter to the Harvard community.

In the short term, uncertainty could lead foreign students from the visa program to flee Harvard, seeking transfers to other universities that are not led by the Trump administration, said experts at Fox News.

Student visas holders are approximately 180 days after their state is revoked to leave the country or the risk that the law violates, which causes the case with the highest importance for thousands of students.

Legal experts said that the court is going through a large territory without registering. Asked about how you could play, many scholars noted a lack of precedents and did not offer a clear response.

“As with many things Trump does, the answer is not clear, because it has not been made before,” said Josh Blackman, a law professor at South Texas College of Law. “No president has tried to do it before, so I don’t think there is a clear precedent about the answer.

“What I will say is this: Trump has basically accused Harvard of being a front for terrorism and exciting terrorism,” he added. “And I think what they try is to determine if this institution can exist basically.”

Gavoor echoed that he said that things must play between the Trump and Harvard administration before the court can properly decide if the government was following the law.

“I think Harvard needs to fulfill the review of DHS’s Sevp Certification cycle,” Gavoor said.

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At the same time, he said, even if the Trump administration loses the merit of this case, “there is a point to argue that he may have gained as a function of politics,” he said.

“This is because it simply creates a creepy effect for students who, in other words [causes them] to make alternative plans for your education in the United States ”