Harvard University filed suit against the Trump administration on Monday to request an injunction that would halt the government’s impounding of $2.26 billion of its federal grants and contracts and an additional $1 billion that, reportedly, will be confiscated in the coming days.

In the complaint, shared by interim university president Alan Garber, Harvard says the administration bypassed key procedural steps it must, by law, take before sequestering any federal funds. It also charges that the Trump administration does not aim, as it has publicly pledged, to combat campus antisemitism at Harvard but to impose “viewpoint-based conditions on Harvard’s funding.”

As previously reported by The Algemeiner, the administration has proposed that Harvard reform in ways that conservatives have long argued will make higher education more meritocratic and less welcoming to anti-Zionists and far-left extremists. Its “demands,” contained in a letter the administration sent to Garber — who subsequently released it to the public — called for “viewpoint diversity in hiring and admissions,” the “discontinuation of [diversity, equity, and inclusion, or DEI, initiatives],” and “reducing forms of governance bloat.” They also implore Harvard to begin “reforming programs with egregious records of antisemitism” and to recalibrate its approach to “student discipline.”

Harvard rejects the administration’s coupling of campus antisemitism with longstanding grievances regarding elite higher education’s “wokeness,” elitism, and overwhelming bias against conservative ideast. Republican lawmakers, for their part, have maintained that it is futile to address campus antisemitism while ignoring the context in which it emerged.

Speaking for the university, Harvard’s legal team — which includes attorneys with links to US President Donald Trump’s inner circle — denounced any larger reform effort as intrusive.

“The First Amendment does not permit the Government to ‘interfere with private actors’ speech to advance its own vision of ideological balance,” they wrote in the complaint, which names several members and agencies of the administration but not Trump as a defendant. “Nor may the government ‘rely on the ‘threat of invoking legal sanctions and other means of coercion … to achieve the suppression of disfavored speech.’ The government’s attempt to coerce and control Harvard disregards these fundamental First Amendment principles, which safeguard Harvard’s ‘academic freedom.’”

The complaint continued, arguing that the impounding of funds “flout not just the First Amendment, but also federal laws and regulations” and says that Harvard should have been investigated by the Department of Education’s Office for Civil Rights (OCR) to determine whether it failed to stop and, later, prevent antisemitism in violation of Title VI of the Civil Rights Act — a finding that would have warranted punitive measures. Rather, it charges, the Trump administration imposed a “sweeping freeze of funding” that, it contends, “has nothing at all to do with antisemitism and Title VI compliance.”

Garber followed up the complaint with an exaltation of limited government and the liberal values which further academia’s educational mission — values Harvard has been accused of failing to uphold for decades.

“We stand for the truth that colleges and universities across the country can embrace and honor their legal obligations and best fulfill their essential role in society without improper government intrusion,” Garber said in a statement announcing the lawsuit. “That is how we achieve academic excellence, safeguard open inquiry and freedom of speech, and conduct pioneering research — and how we advance the boundless exploration that propels our nation and its people into a better future.”

For some, Harvard’s allegations against the Trump administration are hollow.

“Claiming that the entire institution is exempt from any oversight or intervention is extraordinary,” Alex Joffe, anthropologist and editor of BDS Monitor for Scholars for Peace in the Middle East, told The Algemeiner on Tuesday. “It would seem to claim, at least by extension, that the government cannot enforce laws regarding equal protection for individuals — namely students in minority groups — and other legal and regulatory frameworks because they jeopardize the institution’s academic freedom.”

He continued, “Moreover, the idea that cutting voluntary government funding is de facto denial of free speech also sounds exaggerated if not absurd. If an institution doesn’t want to be subjected to certain requirements in a relationship entered into voluntarily with the government, they shouldn’t take the money. Modifying a contract after the fact, however, might be another issue … At one level the Trump administration is simply doing what Obama and Biden did with far less controversy, issuing directives and threatening lawsuits and funding. But the substance of the proposed oversight, especially the intrusiveness with respect to curricular affairs, has obviously touched a nerve.”

Harvard’s fight with the federal government is backed by its immense wealth, and the school has been drawing on its vast financial resources to build a war chest for withstanding Trump’s budget cuts since March, when it issued over $450 million in bonds as “part of ongoing contingency planning for a range of financial circumstances.” Another $750 million in bonds was offered to investors in April, according to The Harvard Crimson, a sale that is being managed by Goldman Sachs and Morgan Stanley.

A generous subsidy protects Harvard from paying exorbitant interest on the new debt, as investors can sell most bonds issued by educational institutions without being required to pay federal income tax.

Other universities have resorted to borrowing as well, issuing what was reportedly a record $12.4 billion municipal bonds, some of which are taxable, during the first quarter of 2025. Among those which chose to take on debt are Northwestern University, which was defunded to the tune of $790 million on April 8. It issued $500 million in bonds in March. Princeton University, recently dispossessed of $210 in federal grants, is preparing an offering of $320 million, according to Forbes.

“If Harvard is willing to mortgage it’s real estate or use it as collateral, it can borrow money for a very long time,” National Association of Scholars president Peter Wood told The Algemeiner on Tuesday. “But it could destroy itself that way.”

Follow Dion J. Pierre @DionJPierre.

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