U.S. files notice of intent to withdraw Harvard University's certification under student and exchange visitor program, gives school 30 days to provide reasons against withdrawal

U.S. files notice of intent to withdraw Harvard University's certification under student and exchange visitor program, gives school 30 days to provide reasons against withdrawal

The U.S. Department of Homeland Security (DHS) has filed a notice of intent to withdraw Harvard University's certification under the Student and Exchange Visitor Program (SEVP). The action, announced by Secretary Kristi Noem, gives Harvard 30 days to provide reasons against the withdrawal. The move comes amidst ongoing tensions between the administration and the university over alleged violations of federal law and national security concerns [1].

Harvard, which has long been a significant recipient of foreign student tuition, faces potential financial and operational challenges if its SEVP certification is revoked. As of the fall 2023 semester, international students comprised over 27 percent of Harvard's student body [2]. The withdrawal of certification would bar the university from enrolling new international students and could lead to significant financial losses, given that foreign students typically pay full tuition.

The decision by DHS to withdraw Harvard's SEVP certification is part of a broader effort by the administration to hold universities accountable for what it perceives as failures to comply with federal law and maintain proper facilities for instruction. In April, DHS froze $2.2 billion in federal grants to Harvard after the university refused demands to eliminate diversity, equity, and inclusion programs and evaluate international students for ideological concerns [1].

Harvard has been accused of fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus. The university has denied these allegations and maintains that it has responded to DHS's requests for information. However, DHS contends that Harvard has "brazenly refused to provide the required information requested" [1].

The withdrawal of Harvard's SEVP certification is not a routine recertification process but a "withdrawal of certification" under 8 C.F.R. § 214.4(a)(2), which can be done on notice subsequent to an out-of-cycle review if the school is determined to no longer be entitled to certification for any valid and substantive reason [1]. This includes failure to maintain proper facilities for instruction or failure to respond to DHS requests for records relating to nonimmigrant students.

The decision to withdraw Harvard's SEVP certification has sparked legal action from the university, which has sued to enjoin the withdrawal. The case will likely be closely watched by other universities and academic institutions across the country, as the outcome could set a precedent for future interactions between the federal government and higher education institutions.

References:

[1] https://cis.org/Arthur/DHS-Pulls-Harvards-StudentVisa-Certification-Authority

[2] https://www.sentinelassam.com/topheadlines/harvard-university-barred-from-enrolling-international-students