*
Federal judge in Boston considers issuing injunction
*
Trump suspended ability of foreign nationals to study at
Harvard
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Harvard accuses Trump of infringing its First Amendment
rights
(Adds further details on court hearing in paragraphs 5-8,
15-18)
By Nate Raymond
BOSTON, June 16 (Reuters) - A federal judge said on
Monday that she would issue a brief extension of an order
temporarily blocking President Donald Trump's plan to bar
foreign nationals from entering the U.S. to study at Harvard
University while she decides whether to issue a longer-term
injunction.
U.S. District Judge Allison Burroughs, at the end of a
hearing in Boston in Harvard's legal challenge to the
restrictions, extended to June 23 a temporary restraining order
that had been set to expire on Thursday. She said she wanted to
give herself more time to prepare a ruling.
"We'll kick out an opinion as soon as we can," she said.
The judge scheduled the hearing after issuing a temporary
restraining order on June 5 preventing the administration from
implementing a proclamation that Trump had signed a day earlier.
A preliminary injunction would provide longer-term relief to
Harvard while its lawsuits proceeds.
Almost 6,800 international students attended Harvard in its
most recent school year, making up about 27% of the student
population of the prestigious Cambridge, Massachusetts-based
school.
The judge, an appointee of Democratic President Barack
Obama, did not indicate how she would ultimately rule. But she
said a U.S. Department of Justice attorney defending Trump's
policy faced an "uphill battle" convincing her that Harvard
would not be irreparably harmed if the proclamation was
implemented.
Ian Gershengorn, the school's lawyer, told the judge the
"impact of the proclamation is devastating to Harvard and its
students."
He said Trump signed the proclamation to retaliate
against Harvard in violation of its free speech rights under the
U.S. Constitution's First Amendment for refusing to accede to
the administration's demands to control the school's governance,
curriculum and the ideology of its faculty and students.
Justice Department attorney Tiberius Davis countered
that Congress had given Trump "sweeping authority" under the
Immigration and Nationality Act to suspend the entry of specific
categories of foreign nationals, which the president relied on
to address national security concerns at Harvard.
"We don't trust them to host foreign students," Davis said.
The Trump administration has launched a multifront attack on
the oldest and wealthiest U.S. university, freezing billions of
dollars in grants and other funding and proposing to end its
tax-exempt status, prompting a series of legal challenges.
Harvard has filed two separate lawsuits before Burroughs
seeking to unfreeze around $2.5 billion in funding and to
prevent the administration from blocking the ability of
international students to attend the university.
Homeland Security Secretary Kristi Noem on May 22 announced
that her department was immediately revoking Harvard's Student
and Exchange Visitor Program certification, the governmental
mechanism that allows it to enroll foreign students.
Her action was almost immediately blocked by Burroughs.
While the Department of Homeland Security has since shifted to
challenging Harvard's certification through a months-long
administrative process, Burroughs at a May 29 hearing said she
planned to issue a "broad" injunction to maintain the status
quo.
A week later, though, Trump signed his proclamation, which
cited national security concerns to contend that Harvard is "no
longer a trustworthy steward of international student and
exchange visitor programs."
The proclamation suspended the entry of foreign nationals to
study at Harvard or participate in exchange visitor programs for
an initial period of six months and directed Secretary of State
Marco Rubio to consider whether to revoke visas of international
students already enrolled at Harvard.
At Monday's hearing, Davis cited Harvard's acceptance of
foreign money including from China and what he said was an
inadequate response to the administration's demand for
information on foreign students who engaged in illegal activity
during a period of "increased unrest" on its campus as examples
of those national security concerns.
Trump has accused Harvard of creating an unsafe environment
for Jewish students and allowing antisemitism to fester on its
campus. Protests over Israel's treatment of Palestinians during
its war with Hamas in Gaza have roiled numerous universities'
campuses, including Harvard's.