Harvard hands over foreign student info to feds amid threat from Trump admin
Harvard University has provided the Department of Homeland Security (DHS) "information required by law" about foreign students' illegal activity and records, according to an email sent to Harvard community members Wednesday.
Meredith Weenick, Harvard's executive vice president, didn't specify in the email what information had been provided.
Harvard was faced with an ultimatum by DHS in an April 16 letter: it could refuse to respond to its demands and lose its Student and Exchange Visitor Program (SEVP) certification allowing international students to study there — 27% of its undergraduate and graduate population — or give up information about its foreign student population.
"We take seriously the data retention and reporting obligations that enable participation in the SEVP. In our response, the University reiterated our steadfast commitment to sponsor the visas that facilitate our international students' study at Harvard. Additionally, we made clear that Harvard does not seek to withdraw from SEVP," Weenick wrote.
"Our participation in SEVP is unchanged at this time, and any withdrawal by DHS of Harvard's certification would be involuntary," she said.
Prior to Harvard handing over some foreign student information, the institution publicly resisted demands of the Trump administration, which called for an overhaul of the institution, including changes to government and leadership and to the university's admissions policies.
Harvard President Alan Garber called the demands "beyond the power of the federal government."
Following the refusal to cooperate, the federal government pulled $2.2 billion from Harvard and the university fired back with a lawsuit against the federal administration.
What were the demands?
In a letter to Harvard last week, Department of Homeland Security Secretary Kristi Noem said having foreign students attend Harvard is a "privilege" and "not a guarantee."
Noem directed Harvard to submit eight pieces of information to the department on or before April 30, 2025. They include:
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Provide relevant information regarding each student visa holder's known illegal activity, and whether the activity occurred on campus.
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Provide relevant information regarding each student visa holder's known dangerous or violent activity, and whether the activity occurred on campus.
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Provide relevant information regarding each student visa holder's known threats to other students or university personnel, and whether the activity occurred on campus.
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Provide relevant information regarding each student visa holder's known deprivation of rights of other classmates or university personnel, and whether the activity occurred on campus.
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Provide relevant information on whether any student visa holders have left Harvard University due to dangerous or violent activity or deprivation of rights, and whether the activity occurred on campus.
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Provide relevant information on whether any student visa holders have had disciplinary actions taken as a result of making threats to other students or populations or participating in protests, which impacted their nonimmigrant student status.
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Provide relevant information regarding each student visa holder's obstruction of the school's learning environment.
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Provide relevant information regarding each student visa holder's maintenance of at least the minimum required coursework to maintain nonimmigrant student status.
If Harvard doesn't comply with the request, which Noem said is required by law under Title 8 of the Code of Federal Regulations, it will "be treated as a voluntary withdrawal" and the SEVP certification will be automatically taken away from Harvard without subject to appeal.
What could happen next?
Depending on the information handed over by Harvard, foreign students could be in jeopardy, according to Charles Kuck, former president of the American Immigration Lawyers Association.
In an interview before the Harvard letter was sent, Kuck warned that if Harvard responded to the demands, it would likely endanger foreign students at Harvard.
It could lead to the students being arrested, such as Tufts University doctoral student Rümeysa Öztürk or Mahmoud Khalil , a lawful U.S. resident who was a graduate student at Columbia until December.
"They're going to go after those people 100%. This is like watching 'V for Vendetta.' This time V is a bad guy. This is all about vengeance. It's all about punishing people for exercising and following their conscious and their constitutional rights, including foreign students," Kuck said.
Following the communication from DHS earlier in April, Harvard told admitted international students that they could accept admission at Harvard and at a foreign institution as a "backup plan" due to "recent events" in the U.S. and at Harvard, according to the Harvard email.
"Our thousands of international students who hail from more than 140 countries enrich the University community — and this nation — immeasurably with their presence and contributions," Weencik said.
If the federal government revokes the SEVP certification following its response, Harvard could go to federal court to ask for an injunction to temporarily keep it, according to Kuck.
The university would have a strong case because "the questions they're asking have nothing to do with the certification of the program," Kuck said.
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