Trump administration sues Harvard over data on race in admissions

Brandon Drenon
News imageGetty Images Students gather on the steps of Memorial Church inside Harvard University's campus in Cambridge, MassachusettsGetty Images

The Trump administration is suing Harvard University for alleged failures to comply with a US Department of Justice civil rights investigation.

The lawsuit accuses Harvard of not disclosing data needed to determine whether it had illegally considered race in its admissions process.

"Providing requested data is a basic expectation of any credible compliance process," the justice department's civil rights head, Harmeet Dhillon, said in a press release on Friday.

Harvard said in a statement to the BBC that it had been "responding to the government's inquiries in good faith and continues to be willing to engage with the government according to the process required by law".

The university also said it "refused to surrender its independence or relinquish its constitutional rights in response to unlawful government overreach".

The lawsuit comes after US President Donald Trump said his administration will be seeking $1bn (£730m) in damages from Harvard amid an ongoing feud over alleged "woke" policies.

Filed in US District Court in Massachusetts on Thursday, the lawsuit alleges that by "unlawfully withholding" data, Harvard violated a section of the US Civil Rights Act that prohibits discrimination based on race.

It follows a 2023 US Supreme Court ruling that found race-conscious college admissions programs were unconstitutional.

According to the complaint: "Harvard repeatedly slow-walked the pace of production and refused to produce pertinent data."

The lawsuit alleges that Harvard also failed to provide "sufficient" material for review, including individualised applicant admissions data and correspondence related to race and ethnicity, as well as diversity, equity and inclusion.

By failing to comply, the government says Harvard also "breached a material term of DOJ federal financial assistance".

The government notes in its complaint that it "does not accuse Harvard of any discriminatory conduct" and is not seeking monetary damages or to revoke federal funding.

The lawsuit asks the court to issue an injunction requiring Harvard to release the requested documents and to comply with future document requests.

Harvard said it had made changes to admissions procedures after the 2023 Supreme Court ruling.

The university said admissions staff who reviewed applications did not have access to applicants' answers to questions about race and ethnicity until after the admissions process had finished.

It also instructs alumni vounteers who interview applicants not to ask about or consider an applicant's race, Harvard said.

The lawsuit filed on Thursday marks the latest clash in an ongoing legal battle between the university and the Trump administration.

In April last year, Trump revoked around $2bn in research grants and froze federal funding for Harvard.

The university sued the Trump administration over the move, saying no government "should dictate what private universities can teach, whom they can admit and hire, and which areas of study and inquiry they can pursue".

A federal court overturned the billions in funding cuts, ruling the government had violated the university's free speech rights.

The White House vowed to immediately challenge the "egregious decision", saying Harvard remained "ineligible for grants in the future".

The government had engaged in discussions with Harvard about unfreezing funding before Trump announced earlier this month that he would be seeking $1bn in damages from the university.

Trump has previously threatened to revoke Harvard's tax-exempt status and take control of the university's patents stemming from federally funded research.

Three other Ivy League universities - Columbia, Penn and Brown - struck deals with Trump to preserve federal funding.