Via/AP
MSNBC Legal Correspondent Lisa Rubin believes the federal judge presiding over the Trump administration’s legal battle with Harvard University is unimpressed by the latest attempt to salvage their case.
“It sounds like the judge isn’t buying this 11th-hour filing as something that changes the posture of the case,” Rubin told MSNBC anchor Ana Cabrera.
At the heart of the case is the Trump administration’s ongoing effort to revoke Harvard’s ability to enroll international students, citing concerns over diversity, equity, inclusion initiatives, and alleged antisemitism. But Rubin said the administration’s newest filing, submitted just a day before a critical court hearing, may not be enough to sway the court.
“It was a letter that they sent Harvard yesterday informing them of their intent to terminate their ability to enroll foreign students,” Rubin explained. “If that makes you say, hey, wait a second, didn’t they already do that? They did, but what they said previously was, ‘We’re going to immediately revoke your ability to enroll foreign students now and for the future.’”
Rubin noted that this time, the administration attempted to follow the proper legal process. “They’ve sort of taken a step back and sent Harvard the kind of letter they should have sent originally, referring to the regulatory framework for how you are properly supposed to terminate a university’s enrollment in what’s called SEVP.”
Cabrera clarified that SEVP stands for the Student and Exchange Visitor Program, which allows U.S. universities to enroll foreign students not on immigrant visas. Rubin added that while the administration might finally be taking the right procedural steps, the court remains skeptical due to the confusion and timing of the filing.
“So the judge saying this morning, yeah, maybe the administration did the right thing and sent this letter, but there is so much uncertainty around the program,” Rubin said.
She pointed out the real-world consequences of the administration’s actions. “The fact that they did this at the 11th hour, theoretically, to ward off [the judge’s] preliminary injunction, doesn’t change the fact that there are foreign students at Harvard or who are about to enroll in Harvard, for whom this has caused all kinds of confusion.”
Rubin said the judge appears prepared to act: “I am inclined to extend my temporary restraining order that I entered last week. That means until and unless further notice, Harvard is in the same situation with an ability to enroll foreign students, and the administration can’t do anything about it.”
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