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Home»Education»Visa to Harvard Postdoc Was Denied Under Trump’s Proclamation in Breach of Judge’s Temporary Halt | News
Education

Visa to Harvard Postdoc Was Denied Under Trump’s Proclamation in Breach of Judge’s Temporary Halt | News

June 9, 2025No Comments
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United States officials denied a visa to a Harvard postdoctoral student Friday morning, citing President Donald Trump’s proclamation barring international students from entering the country to attend Harvard — even though a federal judge had temporarily blocked it.

The refusal notice was in apparent violation of the temporary restraining order granted Thursday by U.S. District Judge Allison D. Burroughs at Harvard’s request.

Less than an hour before Burroughs’ order, the State Department had instructed embassies and consulates to reject students seeking to study at Harvard unless they were otherwise eligible for entry to the U.S., according to a cable obtained and reported by the Washington Post. That order was rescinded the next evening, when the State Department told consulates they could resume processing Harvard visa applications.

But in the roughly 24 hours between Burroughs’ order and the second State Department directive, at least one individual was denied a visa on grounds that appeared to violate the stay.

After arriving for an interview to extend their J-1 visa at an American consulate in Europe, the postdoc received a document notifying them that they were “ineligible” for an exchange visa under Trump’s Wednesday order. The notice was reviewed by The Crimson.

The postdoc told a consular officer that Burroughs’ restraining order had blocked Trump’s proclamation, to no avail.

The Crimson was not immediately able to determine if additional students received similar notices in that window of time, nor whether any students were denied visas based on their Harvard sponsorship after the State Department’s second cable.

“This unquestionably violates the TRO,” Ian A. Campbell, an immigration lawyer, wrote in a text message. “It is possible that the Trump administration is intentionally ignoring the lower court’s TRO, even though the legitimacy of these orders has been consistently upheld.”

A Harvard spokesperson declined to comment, and a spokesperson for the State Department did not respond to a request for comment Saturday afternoon.

If implemented, Trump’s proclamation would effectively halt Harvard’s ability to host international students admitted under F, M, and J visa categories, and put current students at risk of visa revocation. More than 7,000 international students are currently enrolled at the University.

J-1 visas — like the one sought by the postdoc — support scholars in work- and study-related exchange visitor programs. F-1 visas support international students. Harvard does not sponsor M visas, which support international students seeking vocational training.

Trump’s Wednesday proclamation was only the latest effort in his administration’s campaign to block international students from attending Harvard. On May 22, the Department of Homeland Security withdrew Harvard’s Student and Exchange Visitor Program certification, which allows it to enroll international students.

Harvard sued the next day and obtained a temporary restraining order from Burroughs within hours, which has since been extended until at least June 20.

Even after Burroughs’ first TRO, Harvard students and researchers continued to face barriers to obtaining visas.

In Harvard’s 101-page amended complaint, filed Thursday after the proclamation, the University cited at least 10 incoming Harvard students and scholars whose visas were refused for administrative processing after the initial SEVP revocation on May 22.

The complaint described several cases — in São Paulo, Prague, Bern, and Milan — where students’ visa applications were refused on May 23. But the refusals continued long after Burroughs halted the order.

Incoming international students continued to receive notices that their visa applications were refused for administrative processing over the past week, according to one incoming Harvard College freshman from South Asia, whose own visa application was refused on June 6. There is no limit to how long visas can remain in this stage, leaving students without a clear timeline for resolution.

The South Asian student was denied a visa under section 221(g) of the Immigration and Nationality Act, which allows consular officers to withhold visas from anyone they believe has not sufficiently proven they are eligible to enter the U.S.

Jeff Joseph, president-elect of the American Immigration Lawyers Association, wrote that he believes the Trump administration is using the delays as a strategy to sidestep the temporary restraining order, since administrative processing is not a formal denial.

“Because there is no final order, there is nothing for a federal court to review,” Joseph wrote in an email. “My prediction is that these cases languish in administrative processing forever.”

“Once there is a denial that has ANY rational basis, the denial is shielded from judicial review. That provides an easy out for the Consulate to delay the cases, eventually deny the cases, and avoid the proclamation,” he added.

Unlike the South Asian student, the European student who was denied a visa Friday was told the decision was made under section 212(f) of the Immigration and Nationality Act — which grants the president authority to suspend the entry of noncitizens based on national interest — pursuant to Trump’s proclamation.

A denial on those grounds, following Burroughs’ TRO, would appear to violate her orders.

But the TRO is not a final decision in the case, and it remains possible that Burroughs or a higher court could later allow either the SEVP revocation or Trump’s proclamation to move forward.

And even with limits on its authorization to block visas purely based on Harvard connections, the Trump administration has stepped up screening of Harvard affiliates, including by vetting their social media accounts — which has already delayed students attempting to enter the U.S., according to Harvard’s Thursday filing.

The second Trump administration has frequently walked the line of skirting court orders. Federal judges accused administration officials of disobeying a temporary restraining order against a widespread freeze on federal grants and loans in February, and in April for refusing to return deported Venezuelan migrants to the U.S.

Trump and Vice President JD Vance have maintained on several occasions that the executive branch can act outside the judiciary’s authority.

“Judges should be ruling. They shouldn’t be dictating what you’re supposed to be doing,” Trump said in February.

Correction: June 8, 2025

A previous version of this article incorrecly stated that the South Asian student’s visa application was refused June 3. In fact, the student’s application was refused June 6.

—Staff writer Samuel A. Church can be reached at samuel.church@thecrimson.com. Follow him on X @samuelachurch.

—Staff writer Cam N. Srivastava can be reached at cam.srivastava@thecrimson.com. Follow him on X @camsrivastava.

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