DHS Sends Subpoenas to Harvard Over Foreign Student Records

What happened

The Department of Homeland Security (DHS) announced on Wednesday, July 9, that it has issued administrative subpoenas to Harvard University after what it described as insufficient cooperation regarding requests tied to Harvard’s Student and Exchange Visitor Program (SEVP) certification.

DHS officials said Harvard’s partial responses to prior information requests regarding foreign student misconduct and compliance issues were inadequate, prompting the agency to invoke its subpoena authority.

Why it matters

The subpoenas mark one of the most high-profile enforcement actions since 2020 against a U.S. university over student visa oversight. While Harvard’s SEVP certification remains active, it faces increased federal scrutiny and legal risk if deemed noncompliant.

What they’re saying

McLaughlin said DHS alleges the university enabled visa abuse and tolerated incitement to violence and terrorism on campus — accusations Harvard has not publicly responded to in detail.

On April 16, 2025, DHS Secretary Kristi Noem first requested Harvard provide records tied to foreign student activity. On May 22, DHS issued a formal SEVP revocation notice. However, federal courts blocked the revocation with injunctions issued on June 20 and June 23. As a result, Harvard’s SEVP certification remains legally intact while litigation proceeds.

The backstory

The tension between Harvard and the Trump administration over foreign student oversight has been escalating since 2020. That year, the administration attempted to bar international students from staying in the U.S. if attending online-only classes, prompting Harvard and MIT to sue. The policy was ultimately rescinded after legal pressure.

In 2024, the administration again increased enforcement under the SEVP system, focusing on claims that foreign students at elite universities were engaging in prohibited political activity, violating visa terms, or failing to meet academic benchmarks. DHS says Harvard has not adequately addressed these concerns.

Harvard, meanwhile, has insisted on protecting academic freedom and due process for its international student body. University officials argue that DHS demands are overly broad and risk chilling global academic engagement.

While subpoenas have been used in the past, this case is among the most publicized examples of DHS formally compelling a major U.S. university to produce documents under SEVP review.

What’s next

The subpoenas require Harvard to submit internal communications, disciplinary records, and other materials related to international student activity since January 1, 2020. DHS has stated that other institutions facing similar requests should observe the consequences of non-compliance.

Should Harvard resist the subpoena, DHS may pursue court enforcement or revisit attempts to revoke SEVP certification.