Analysis: Academic Freedom on Trial

By Anurima Bhargava, a Crimson Courage legal advisor

On October 5 and 6, 2026, the First Circuit Court of Appeals heard cases challenging the Trump administration's attacks on Harvard. The administration appealed Judge Alison Burroughs's September 2025 decision, which struck down on legal and Constitutional grounds the federal government’s slashing of research funds at Harvard. Around 11,000 Harvard alumni filed an amicus brief in the First Circuit in support of Harvard in these cases.

The Trump administration also appealed a separate Judge Burroughs decision invalidating the bar placed by the government on international students and scholars coming to Harvard. The presidential proclamation setting forth those restrictions was targeted only to Harvard; no other school has been subject to similar restrictions.

The federal government initially claimed it slashed research funding and restricted international students because of Harvard's failure to address antisemitism on campus. In the research funding case, the government seemed to narrow its argument considerably on appeal, claiming principally that the federal district court did not have jurisdiction to hear the cases—and that any challenges to terminations of federal grant funding should instead be before the Court of Federal Claims.

In the international students case, both parties agreed that the case was not moot, as President Trump is likely to issue a new proclamation banning international students at Harvard if he is allowed to do so. Argument then focusd on whether the President could impose an entry bar that is solely limited to students going to one institution (Harvard). The government was also asked whether a stated reason for the proclamation—addressing antisemitism at Harvard—is served by an entry bar to all international students, including students from Israel and Jewish students from around the world.

Coincidentally, two days after the arguments, the Trump administration announced that it was opening new investigations of Harvard and eight other institutions for alleged J-1 visa fraud. J-1 visas allow foreign nationals to temporarily research, study, train and/or teach in the United States.