Harvard president Alan Garber at commencement.
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In the latest volley in the Trump administration’s war with Harvard University, federal agencies told Harvard’s accreditor the university is violating antidiscrimination laws, while Immigration and Customs Enforcement will subpoena Harvard’s “records, communications, and other documents relevant to the enforcement of immigration laws since January 1, 2020.”
The Departments of Education, Health and Human Services, and Homeland Security announced these moves Wednesday in news releases replete with condemnations from cabinet officials. The pressure comes as Harvard still refuses to bow to all of the Trump administration’s demands from April, which include banning admission of international students “hostile to the American values and institutions inscribed in the U.S. Constitution and Declaration of Independence, including students supportive of terrorism or anti-Semitism.” In May, DHS tried to stop Harvard from enrolling international students by stripping it of its Student and Exchange Visitor Program certification, but a judge has blocked that move.
Education Secretary Linda McMahon said in a Wednesday statement, “By allowing antisemitic harassment and discrimination to persist unchecked on its campus, Harvard University has failed in its obligation to students, educators, and American taxpayers. The Department of Education expects the New England Commission of Higher Education to enforce its policies and practices.” (Only the accreditor can find a college in violation of its policies.)
Trump officials said last week that Harvard is violating Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on shared ancestry, including antisemitism. They notified that accrediting agency of the HHS Office for Civil Rights’ finding that Harvard is displaying “deliberate indifference” to discrimination against Jewish and Israeli students.
HHS’s Notice of Violation said multiple sources “present a grim reality of on-campus discrimination that is pervasive, persistent, and effectively unpunished.” Wednesday’s release from HHS said the investigation grew from a review of Harvard Medical School “based on reports of antisemitic incidents during its 2024 commencement ceremony,” into a review of the whole institution from Oct. 7, 2023, through the present.
HHS Secretary Robert F. Kennedy Jr. said that “when an institution—no matter how prestigious—abandons its mission and fails to protect its students, it forfeits the legitimacy that accreditation is designed to uphold. HHS and the Department of Education will actively hold Harvard accountable through sustained oversight until it restores public trust and ensures a campus free of discrimination.”
The Trump administration also notified Columbia University’s accreditor after it concluded Columbia committed a similar violation of federal civil rights law. The accreditor, the Middle States Commission on Higher Education, then told Columbia that its accreditation could be in jeopardy.
DHS’s subpoena announcement is the latest move in its targeting of Harvard over its international students, who comprise more than a quarter of its enrollment.
DHS Assistant Secretary Tricia McLaughlin said in a release, “We tried to do things the easy way with Harvard. Now, through their refusal to cooperate, we have to do things the hard way. Harvard, like other universities, has allowed foreign students to abuse their visa privileges and advocate for violence and terrorism on campus.”
DHS didn’t provide Inside Higher Ed information on what specific records ICE is subpoenaing. It said in its release that “this comes after the university repeatedly refused past non-coercive requests to hand over the required information for its Student Visitor and Exchange Program [sic] certification.”
The release said DHS Secretary Kristi Noem “demanded Harvard provide information about the criminality and misconduct of foreign students on its campus” back in April. The release further said that other universities “should take note of Harvard’s actions, and the repercussions, when considering whether or not to comply with similar requests.”
Harvard pushed back in statements of its own Wednesday. It called the DHS subpoenas “unwarranted” but said it “will continue to cooperate with lawful requests and obligations.”
“The administration’s ongoing retaliatory actions come as Harvard continues to defend itself and its students, faculty, and staff against harmful government overreach aimed at dictating whom private universities can admit and hire, and what they can teach,” one Harvard statement said. “Harvard remains unwavering in its efforts to protect its community and its core principles against unfounded retribution by the federal government.”
If Harvard were to lose its accreditation, it would be cut off from federal student aid. In another statement, Harvard officials say they are complying with the New England Commission of Higher Education’s standards “maintaining its accreditation uninterrupted since its initial review in 1929.”
Neither the Trump administration nor Larry Schall, president of NECHE, provided the letter the administration wrote to the commission. Schall told Inside Higher Ed the commission will request a response from Harvard within 30 days and that, plus the results of the federal investigation, will be presented to the commission at its next regularly scheduled meeting, currently set for September.
“We have processes we follow,” Schall said. “We follow them whether it’s Harvard or some other institution … Our processes are consistent and actually directed by federal regulation.”
