Harvard sues Trump administration over $2 billion cut to federal funding

The administration’s demands, he said, “would impose unprecedented and improper control over the university” and came without any real effort to engage on the issue of antisemitism. The lawsuit was filed in federal court in Massachusetts.

“The gravy train of federal assistance to institutions like Harvard, which enrich their grossly overpaid bureaucrats with tax dollars from struggling American families is coming to an end,” said Harrison Fields, a White House spokesperson, in response to the lawsuit. “Taxpayer funds are a privilege, and Harvard fails to meet the basic conditions required to access that privilege.”

The Trump administration has launched a review of roughly $9 billion in grants and contracts with the university over the treatment of Jewish students that it says violated Title VI of the Civil Rights Act, including during protests of the Israel-Gaza war that roiled campuses across the country last year.

Already, the administration has pulled more than $2 billion in federal funding from the school and is considering pulling $1 billion more in grants.

In addition, the Internal Revenue Service is scrutinizing the university’s tax-exempt status, and the Department of Homeland Security has threatened to revoke Harvard’s ability to enroll international students, who make up about 27 percent of its total enrollment. The Education Department is also probing the university’s federal funding.

“These actions have stark real-life consequences for patients, students, faculty, staff, researchers, and the standing of American higher education in the world,” Garber said.

The lawsuit said the federal government launched a broad attack on billions in research funding at Harvard and half a dozen institutions “with little warning and even less explanation.” Lawyers on behalf of the institution said the federal government is “withholding of federal funding as leverage to gain control of academic decisionmaking at Harvard.”

To avoid losing funds, the administration earlier this month demanded the institution reform its governance, change its hiring and admissions policies, report foreign students and students with green cards for “conduct violations,” audit academic programs or departments for antisemitism using an external party, end diversity programs and reform student discipline procedure, among other requirements.

“All told, the tradeoff put to Harvard and other universities is clear: Allow the Government to micromanage your academic institution or jeopardize the institution’s ability to pursue medical breakthroughs, scientific discoveries, and innovative solutions,” the lawsuit said, adding that the sweeping research funding freezes have “nothing at all to do with antisemitism.

Lawyers representing Harvard include some with GOP and Trump administration ties. They include Robert Hur, William Burck, Steven Lehotsky, who was a law clerk for the late Justice Antonin Scalia; and Scott Keller, who was formerly the Texas solicitor general.

They argue that the administration’s actions flout the First Amendment and Title VI compliance procedures that must occur before revoking federal funding. The university argued that the government has “made no effort to follow those procedures” before freezing or terminating its funding, which include attempting to secure voluntary compliance, holding a hearing and unveiling a report of findings.

Lawyers also said the funding freezes will force the school to reduce or halt ongoing research projects, terminate employment contracts and make cuts to departments and programs.

If Harvard continues to use its own resources in place of the funding, the school will then have to reduce the number of graduate students it admits and the number of faculty and research staff. They also argued it could economically hurt the Boston area, since the university is one of Massachusetts’ largest employers.

“Defendants’ actions threaten Harvard’s academic independence and place at risk critical lifesaving and pathbreaking research that occurs on its campus,” the lawsuit said, adding that the freeze is “part of a broader effort by the Government to punish Harvard for protecting its constitutional rights.”