Case: President and Fellows of Harvard College v. U.S. Department of Homeland Security

1:20-cv-11283 | U.S. District Court for the District of Massachusetts

Filed Date: July 8, 2020

Closed Date: Oct. 6, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a lawsuit brought by Harvard and MIT regarding the July 2020 release of ICE regulations which, in effect, meant that students on F-1 visas would risk deportation if their school shifted to online learning. On July 14, the parties informed the court that the government agreed to rescind the July 6 directive, as well as the associated FAQ on the ICE website, and also agreed to rescind the implementation of the directive. Instead, the government said it would return to th…

Background

Generally speaking, F-1 visas (colloquially "student visas") can be granted to international students who attend American universities. However, regulations on the granting of these visas limit the amount of online or distance learning the student can engage in. According to these regulations, an international student can engage in only one such class or three credits of that class per semester. 8 C.F.R. § 214.2(f)(6)(i)(G).

The COVID-19 outbreak in early 2020 made this regulation untenable, as schools and universities had to shift to online learning systems. In response, defendant ICE issued an exemption on March 13, 2020, affirming that international students would be permitted to continue distance learning in the United States under their F-1 visas. The exemption would apply until the end of the emergency. However, on July 6, 2020, ICE issued a new directive stating that it would rescind that exemption. This directive would then mean that international students at schools that would still be fully online would have to either transfer to other schools that were at least partially in-person, go back to their countries voluntarily, or risk deportation. The directive also ordered schools that had gone fully online or had simply decided not to have classes to submit an "operational change plan" within nine days, and ordered schools that would have a hybrid system to certify each F-1 student to make sure that they were not taking entirely online courses.

The Lawsuit

This lawsuit was filed on July 8, 2020, two days after the directive was issued. Plaintiffs were the President and Fellows of Harvard College and the Massachusetts Institute of Technology (MIT) and were represented by private counsel. Defendants were the U.S. Department of Homeland Security and the U.S. Immigration and Customs Enforcement (ICE). The universities claimed that the new directive violated the Administrative Procedure Act in three ways: 1) the directive was arbitrary and capricious in that it failed to address the reliance interests of both universities that had already engaged in extensive planning and international students expectations of their immigration status; 2) the directive was arbitrary and capricious in that it failed to offer a reasoned basis to justify the policy; and 3) defendants failed to comply with notice-and-comment rulemaking procedures in issuing this directive. Plaintiffs sought injunctive relief in the form of a temporary restraining order as well as preliminary and permanent injunctions prohibiting the agencies from enforcing the new directive. Plaintiffs also requested that the court vacate and set aside the directive in addition to declaratory relief and attorney's fees and costs.

The case was originally assigned to Judge Douglas P. Woodlock but he immediately recused himself and it was reassigned to Judge Allison D. Borroughs. Fifteen parties filed amicus briefs in support of the universities motion, representing the interests of dozens of higher education institutions, education nonprofits, labor unions, and tech corporations.

On July 14, the parties informed the court that the government agreed to rescind the July 6 directive, as well as the associated FAQ on the ICE website, and also agreed to rescind the implementation of the directive. Instead, the government said it would return to the March policy. As a result, the court mooted the preliminary injunction and temporary restraining order motions.

	Document
1:20-cv-11283	Docket [PACER] President and Fellows of Harvard College v. United States Department of Homeland Security	Oct. 6, 2020	Oct. 6, 2020 Docket
1 1:20-cv-11283	Complaint for Declaratory and Injunctive Relief President and Fellows of Harvard College v. United States Department of Homeland Security	July 8, 2020	July 8, 2020 Complaint
5 1:20-cv-11283	Memorandum of Law in Support of Plaintiffs' Motion for Temporary Restraining Order	July 8, 2020	July 8, 2020 Pleading / Motion / Brief
8, 8-1, 8-2 1:20-cv-11283	Declaration of Mark C. Elliott President and Fellows of Harvard College v. United States Department of Homeland Security	July 8, 2020	July 8, 2020 Declaration/Affidavit
6, 6-1, 6-2, 6-3 1:20-cv-11283	Declaration of Felicia H. Ellsworth in Support of Plaintiffs' Motion for Temporary Restraining Order President and Fellows of Harvard College v. United States Department of Homeland Security	July 8, 2020	July 8, 2020 Declaration/Affidavit
9, 9-1 1:20-cv-11283	Declaration of Cynthia Barnhart President and Fellows of Harvard College v. United States Department of Homeland Security	July 8, 2020	July 8, 2020 Declaration/Affidavit
7, 7-1 1:20-cv-11283	Declaration of Alan M. Garber President and Fellows of Harvard College v. United States Department of Homeland Security	July 8, 2020	July 8, 2020 Declaration/Affidavit
4, 4-1 1:20-cv-11283	Request for Oral Argument President and Fellows of Harvard College v. United States Department of Homeland Security	July 8, 2020	July 8, 2020 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief, against Matthew Albence, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, Chad F. Wolf Filing fee: $ 400, receipt number 0101-8318131 (Fee Status: Filing Fee paid), filed by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Civil Category Sheet, # 4 Summons - DHS, # 5 Summons - ICE, # 6 Summons - Wolf, # 7 Summons - Albence)(Ellsworth, Felicia) (Entered: 07/08/2020) 1 Exhibit 1 View on RECAP 2 Civil Cover Sheet View on PACER 3 Civil Category Sheet View on PACER 4 Summons - DHS View on PACER 5 Summons - ICE View on PACER 6 Summons - Wolf View on PACER 7 Summons - Albence View on PACER	July 8, 2020	July 8, 2020 Clearinghouse
2	CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College identifying Corporate Parent No Corporate Parent for President and Fellows of Harvard College.. (Ellsworth, Felicia) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 RECAP
3	CORPORATE DISCLOSURE STATEMENT by Massachusetts Institute of Technology identifying Corporate Parent No Corporate Parent for Massachusetts Institute of Technology.. (Ellsworth, Felicia) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 RECAP
4	MOTION for Temporary Restraining Order by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Text of Proposed Order)(Ellsworth, Felicia) (Entered: 07/08/2020) 1 Text of Proposed Order View on RECAP	July 8, 2020	July 8, 2020 RECAP
5	MEMORANDUM in Support re 4 MOTION for Temporary Restraining Order filed by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 Clearinghouse
6	DECLARATION re 4 MOTION for Temporary Restraining Order (Declaration of Felicia Ellsworth) by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ellsworth, Felicia) (Entered: 07/08/2020) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP	July 8, 2020	July 8, 2020 RECAP
7	DECLARATION re 4 MOTION for Temporary Restraining Order (Declaration of Alan M. Garber) by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1)(Ellsworth, Felicia) (Entered: 07/08/2020) 1 Exhibit 1 View on RECAP	July 8, 2020	July 8, 2020 RECAP
8	DECLARATION re 4 MOTION for Temporary Restraining Order (Declaration of Mark C. Elliott) by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ellsworth, Felicia) (Entered: 07/08/2020) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	July 8, 2020	July 8, 2020 RECAP
9	DECLARATION re 4 MOTION for Temporary Restraining Order (Declaration of Cynthia Barnhart) by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1)(Ellsworth, Felicia) (Entered: 07/08/2020) 1 Exhibit 1 View on PACER	July 8, 2020	July 8, 2020 RECAP
10	ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
11	Summons Issued as to Matthew Albence, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, Chad F. Wolf. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
12	Judge Douglas P. Woodlock: ELECTRONIC ORDER entered. ORDER OF RECUSAL. Pursuant to 28 U.S.C. sec. 455(a), I hereby recuse myself in this matter and direct the Clerk to reassign the case forthwith. (McDonagh, Christina) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
13	ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughs added. Judge Douglas P. Woodlock no longer assigned to case. (Finn, Mary) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
14	ELECTRONIC ORDER entered. A status conference has been scheduled for July 9, 2020 at 10:00 a.m. Plaintiffs shall serve Defendants, who have not yet entered an appearance, with a copy of this Order.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://public.mad.uscourts.gov/seating-signup. html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Folan, Karen) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
15	NOTICE of Appearance by William F. Lee on behalf of Massachusetts Institute of Technology, President and Fellows of Harvard College (Lee, William) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
16	NOTICE of Appearance by Mark C. Fleming on behalf of Massachusetts Institute of Technology, President and Fellows of Harvard College (Fleming, Mark) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 RECAP
17	MOTION for Leave to Appear Pro Hac Vice for admission of Seth P. Waxman Filing fee: $ 100, receipt number 0101-8320307 by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Certification of Seth P. Waxman in Support)(Ellsworth, Felicia) (Entered: 07/08/2020) 1 Certification of Seth P. Waxman in Support View on PACER	July 8, 2020	July 8, 2020 PACER
18	MOTION for Leave to Appear Pro Hac Vice for admission of Paul R.Q. Wolfson Filing fee: $ 100, receipt number 0101-8320310 by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Certification of Paul R.Q. Wolfson in Support)(Ellsworth, Felicia) (Entered: 07/08/2020) 1 Certification of Paul R.Q. Wolfson in Support View on PACER	July 8, 2020	July 8, 2020 PACER
19	MOTION for Leave to Appear Pro Hac Vice for admission of Ari Holtzblatt Filing fee: $ 100, receipt number 0101-8320311 by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Certification of Ari Holtzblatt in Support)(Ellsworth, Felicia) (Entered: 07/08/2020) 1 Certification of Ari Holtzblatt in Support View on PACER	July 8, 2020	July 8, 2020 PACER
	Order Of Recusal	July 8, 2020	July 8, 2020 PACER
20	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice Added Seth P. Waxman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) (Entered: 07/09/2020)	July 9, 2020	July 9, 2020 PACER
21	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 18 Motion for Leave to Appear Pro Hac Vice Added Paul R.Q. Wolfson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) (Entered: 07/09/2020)	July 9, 2020	July 9, 2020 PACER
22	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 19 Motion for Leave to Appear Pro Hac Vice Added Ari Holtzblatt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) (Entered: 07/09/2020)	July 9, 2020	July 9, 2020 PACER
23	NOTICE of Appearance by Rayford A. Farquhar on behalf of Matthew Albence, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, Chad F. Wolf (Farquhar, Rayford) (Entered: 07/09/2020)	July 9, 2020	July 9, 2020 PACER
24	Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 7/9/2020. Colloquy re: TRO and response time for govt. Hearing will reconvene tomorrow. Status Conference set for 7/10/2020 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Lee, Ellsworth, Fleming, Waxman, Wolfson, Holtzblatt, Farqhar) (Folan, Karen) (Entered: 07/09/2020)	July 9, 2020	July 9, 2020 PACER
	Order on Motion for Leave to Appear	July 9, 2020	July 9, 2020 PACER
25	Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 7/10/2020. Colloquy re: schedule. Defendant will file response by 12:00 p.m. on 7/13/20, Plaintiff will file reply by 12:00 p.m. on 7/14/20. Amicus Briefs to be filed by 12:00 p.m. on 7/13/20 and will be limited to 15 pages. Hearing set for 7/14/2020 03:00 PM in Courtroom 17 before Judge Allison D. Burroughs. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Holtzblatt, Waxman, Wolfson, Ellsworth, Lee, Fleming, Farquhar) (Folan, Karen) (Entered: 07/10/2020)	July 10, 2020	July 10, 2020 PACER
26	NOTICE of Appearance by Michelle L. Sandals on behalf of Massachusetts Institute of Technology, President and Fellows of Harvard College (Sandals, Michelle) (Entered: 07/10/2020)	July 10, 2020	July 10, 2020 PACER
27	MOTION for Leave to File Amicus Curiae Brief of the Presidents' Alliance on Higher Education and Immigration Representing 180 Higher Education Institutions in Support of Plaintiffs' Motion for a Temporary Restraining Order by Presidents' Alliance on Higher Education and Immigration. (Attachments: # 1 Exhibit 1 - Proposed Amicus Brief)(Walters, Sarah) (Entered: 07/10/2020) 1 Exhibit 1 - Proposed Amicus Brief View on RECAP	July 10, 2020	July 10, 2020 RECAP
28	MOTION for Leave to Appear Pro Hac Vice for admission of Alex Hemmer Filing fee: $ 100, receipt number 0101-8324361 by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Certification of Alex Hemmer)(Ellsworth, Felicia) (Entered: 07/10/2020) 1 Certification of Alex Hemmer View on PACER	July 10, 2020	July 10, 2020 PACER
29	Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Paul W. Hughes Filing fee: $ 100, receipt number 0101-8324363 by Presidents' Alliance on Higher Education and Immigration. (Attachments: # 1 Exhibit 1 - Paul W. Hughes Pro Hac Certification)(Walters, Sarah) (Entered: 07/10/2020) 1 Exhibit 1 - Paul W. Hughes Pro Hac Certification View on PACER	July 10, 2020	July 10, 2020 PACER
30	MOTION for Preliminary Injunction (Notice of Conversion and Motion for Preliminary Injunction), by Massachusetts Institute of Technology, President and Fellows of Harvard College. (Attachments: # 1 Text of Proposed Order)(Ellsworth, Felicia) (Entered: 07/10/2020) 1 Text of Proposed Order View on RECAP	July 10, 2020	July 10, 2020 RECAP
31	Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Sarah P. Hogarth Filing fee: $ 100, receipt number 0101-8324366 by Presidents' Alliance on Higher Education and Immigration. (Attachments: # 1 Exhibit 1 - Sarah P. Hogarth Pro Hac Certification)(Walters, Sarah) (Entered: 07/10/2020) 1 Exhibit 1 - Sarah P. Hogarth Pro Hac Certification View on PACER	July 10, 2020	July 10, 2020 RECAP
32	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 27 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) (Entered: 07/10/2020)	July 10, 2020	July 10, 2020 PACER
	Order on Motion for Leave to File Document	July 10, 2020	July 10, 2020 PACER
33	AMICUS BRIEF filed by Presidents' Alliance on Higher Education and Immigration Representing 180 Higher Education Institutions In Support of Plaintiffs. (Walters, Sarah) (Entered: 07/11/2020)	July 11, 2020	July 11, 2020 RECAP
34	MOTION for Leave to File / Motion of 59 Institutions of Higher Education for Leave to File Brief as Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction by Fifty-nine Institutions of Higher Education. (Attachments: # 1 Exhibit A - Proposed Amicus Brief)(Price, Matthew) (Entered: 07/12/2020) 1 Exhibit A - Proposed Amicus Brief View on RECAP	July 12, 2020	July 12, 2020 PACER
35	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 28 Motion for Leave to Appear Pro Hac Vice Added Alex Hemmer. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
36	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 29 Motion for Leave to Appear Pro Hac Vice Added Paul W. Hughes. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
37	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 31 Motion for Leave to Appear Pro Hac Vice Added Sarah P. Hogarth. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER

Case: President and Fellows of Harvard College v. U.S. Department of Homeland Security

1:20-cv-11283 | U.S. District Court for the District of Massachusetts

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Case Details