JUDGE SCEPTICAL
The court hearing before Burroughs took place shortly after the administration softened its stance in an apparent effort to refute Harvard’s legal arguments in advance.
Late Wednesday night, the US Department of Homeland Security (DHS) sent a notice to Harvard saying it would now give the university 30 days to submit evidence contesting the administration’s plan to revoke Harvard’s right to enrol non-US students.
The notice signalled a change in course for DHS, which had said last week that the revocation was effective immediately. In its lawsuit challenging the move, Harvard argued that DHS had violated federal administrative procedure.
During the court hearing, US Department of Justice attorney Tiberius Davis argued there was now no need for a court order blocking the administration’s actions, since Harvard could challenge them via an administrative process.
But Burroughs, an appointee of Democratic former President Barack Obama, said she believed a broad preliminary injunction protecting Harvard and students was necessary while that process played out.
She expressed scepticism that Harvard’s fate would be any different at its conclusion, saying: “Aren’t we still going to end up back here at the same place?”
She also questioned whether the administration had fully complied with her temporary restraining order, pointing to a declaration Harvard submitted on Wednesday that said visas for incoming students had been recently revoked.
Burroughs said the temporary order would remain in effect while lawyers for both sides negotiate over the terms of the injunction.
