Harvard does not trust the Trump administration. The Trump administration does not trust Harvard. Yet, you make peace with your enemies, not your friends. The best way forward is for Harvard—and other elite schools—to make a deal on one important aspect of their dispute: Provide admissions transparency in exchange for student visa forbearance. If that works, then, after a few months, it may be possible to resolve the other outstanding issues.
Harvard is defenseless against the cancellation of individual student visas. Recall 8 U.S.C. § 1201:
After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation.
[RELATED: How U.S. Universities Helped China Build Its Weather Warfare Program]
The Trump administration could, at any time and for any reason, revoke the student visas of all foreign students at Harvard, even before they start classes. This direct revocation is very different than the policy changes that the Trump administration has tried so far. Those have been delayed by the courts. Direct revocation can’t be:
There shall be no means of judicial review (including review pursuant to section 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 1227(a)(1)(B) of this title
It’s unclear why the Trump administration hasn’t yet exercised this option. (I know more than one recent American high school graduate on Harvard’s waitlist quietly hoping Trump will pull the trigger.) The most damaging moment to act would be mid-August—just before international students arrive on campus—when Harvard would have the fewest options for recovery. Whether or not the administration chooses to act, the mere existence of this unchecked authority makes resolving the visa issue a top priority for Harvard. That’s why a deal—visa forbearance in exchange for admissions transparency—is not just possible, but necessary. It’s a rare opportunity to de-escalate a standoff before the damage becomes irreparable.
Why should the administration play ball on visas? Because it wants admissions transparency from Harvard and other elite schools.
If Harvard released non-identifying admissions data—sex, race, test scores, etc.—about every completed application to major programs—undergraduate, law, business, medicine—it would be difficult to hide continued affirmative action.
Does Harvard want admissions transparency? No! Does the Trump administration want to give up the visa threat? No! However, such a compromise, although painful to all involved, would demonstrate a way forward and a process by which both sides could make credible commitments.
[RELATED: Trump Allows Chinese Students into U.S. Universities in Exchange for Rare Earth Minerals]
If the Trump administration does not like this deal, then there is little that Harvard can do to force the issue. But if Harvard refuses such a reasonable compromise, then the administration can increase the pressure by cancelling the work visas of some Harvard faculty members. That will quickly capture Harvard President Alan Garber’s attention and make him more amenable to a deal.
Harvard is justified in its criticism of many of the demands outlined in the administration’s April 11 letter. Those demands are unreasonable, and often completely unworkable. But given Harvard’s discrimination in admissions against white and Asian applicants for decades, it is perfectly proper for the federal government to be suspicious of Harvard’s compliance with U.S. law and to seek admissions transparency in order to monitor its behavior going forward.
There is a deal to be made. Let’s hope Trump and Garber make it.
Image: “Official Presidential Portrait of President Donald J. Trump in his second term” by Daniel Torok – White House Facebook on Wikipedia
.jpg){kind=link}