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Saturday, April 19, 2025

Trump Officials Blame Mistake for Setting Off Confrontation With Harvard

Trump Officials Blame Mistake for Setting Off Confrontation With Harvard

“The Trump administration’s antisemitism task force sent an unauthorized letter to Harvard detailing demands for hiring, admissions, and curriculum changes. The letter, sent prematurely or intended for internal circulation, escalated tensions between Harvard and the White House. Despite the administration’s claim that the letter was unauthorized, Harvard publicly rebuffed the demands, leading to a confrontation with President Trump, including a freeze on federal funding and threats to revoke tax-exempt status.

An official on the administration’s antisemitism task force told the university that a letter of demands had been sent without authorization.

A campus quadrangle filled with bare trees and crisscrossed by walkways. A building with a spire-topped tower is lit up at the far end.
Harvard was emailed a letter detailing demands by the Trump administration when administration lawyers were still willing to continue talks.Sophie Park/Getty Images

Harvard University received an emailed letter from the Trump administration last Friday that included a series of demands about hiring, admissions and curriculum so onerous that school officials decided they had no choice but to take on the White House.

The university announced its intentions on Monday, setting off a tectonic battlebetween one of the country’s most prestigious universities and a U.S. president. Then, almost immediately, came a frantic call from a Trump official.

The April 11 letter from the White House’s task force on antisemitism, this official told Harvard, should not have been sent and was “unauthorized,” two people familiar with the matter said.

The letter was sent by the acting general counsel of the Department of Health and Human Services, Sean Keveney, according to three other people, who were briefed on the matter. Mr. Keveney is a member of the antisemitism task force.

It is unclear what prompted the letter to be sent last Friday. Its content was authentic, the three people said, but there were differing accounts inside the administration of how it had been mishandled. Some people at the White House believed it had been sent prematurely, according to the three people, who requested anonymity because they were not authorized to speak publicly about internal discussions. Others in the administration thought it had been meant to be circulated among the task force members rather than sent to Harvard.

But its timing was consequential. The letter arrived when Harvard officials believed they could still avert a confrontation with President Trump. Over the previous two weeks, Harvard and the task force had engaged in a dialogue. But the letter’s demands were so extreme that Harvard concluded that a deal would ultimately be impossible.

After Harvard publicly repudiated the demands, the Trump administration raised the pressure, freezing billions in federal funding to the school and warning that its tax-exempt status was in jeopardy.

A senior White House official said the administration stood by the letter, calling the university’s decision to publicly rebuff the administration overblown and blaming Harvard for not continuing discussions.

“It was malpractice on the side of Harvard’s lawyers not to pick up the phone and call the members of the antisemitism task force who they had been talking to for weeks,” said May Mailman, the White House senior policy strategist. “Instead, Harvard went on a victimhood campaign.”

Still, Ms. Mailman said, there is a potential pathway to resume discussions if the university, among other measures, follows through on what Mr. Trump wants and apologizes to its students for fostering a campus where there was antisemitism.

Mr. Keveney could not be reached for comment. In a statement, a spokesman for the antisemitism task force said, “The task force, and the entire Trump administration, is in lock step on ensuring that entities who receive taxpayer dollars are following all civil rights laws.”

Harvard pushed back on the White House’s claim that it should have checked with the administration lawyers after receiving the letter.

The letter “was signed by three federal officials, placed on official letterhead, was sent from the email inbox of a senior federal official and was sent on April 11 as promised,” Harvard said in a statement on Friday. “Recipients of such correspondence from the U.S. government — even when it contains sweeping demands that are astonishing in their overreach — do not question its authenticity or seriousness.”

The statement added: “It remains unclear to us exactly what, among the government’s recent words and deeds, were mistakes or what the government actually meant to do and say. But even if the letter was a mistake, the actions the government took this week have real-life consequences” on students and employees and “the standing of American higher education in the world.”

The letter shocked Harvard not only because of the nature of the demands but because it was sent when the university’s leadership and the lawyers it hired to deal with the administration thought they could head off a full-bore conflict with Mr. Trump.

For two weeks, Harvard’s lawyers, William Burck and Robert Hur, listened as Trump officials, in fairly broad strokes, laid out the administration’s concerns about how the school dealt with antisemitism and other issues.

On the administration’s side of this dialogue were three lawyers: Josh Gruenbaum, a top official at the General Services Administration; Thomas Wheeler, the acting general counsel for the Department of Education; and Mr. Keveney.

The back and forth lacked specifics on what the administration wanted Harvard to do. The Trump administration lawyers said they would send Harvard a letter last Friday that laid out more specifics.

By the end of the workday on Friday, the letter had not arrived. Instead, overnight, the lawyers from Harvard received a letter, sent from Mr. Keveney in an email, that was far different from the one the school had expected.

It listed a series of demands that would reshape student and academic life in ways Harvard could never agree to. On Monday, Harvard said publicly that it could not accede to them.

Shortly thereafter, Mr. Gruenbaum called one of Harvard’s lawyers, according to two people with knowledge of the calls. At first he said he and Mr. Wheeler had not authorized the sending of the letter. Mr. Gruenbaum then slightly changed his story, saying the letter was supposed to be sent at some point, just not on Friday when the dialogue between the two sides was still constructive, one of the people said.

A lawyer for Columbia University received a similar call from Mr. Gruenbaum around the same time, two people with knowledge of the call said. He, Mr. Wheeler and Mr. Keveney had also been engaged with Columbia about changes the task force wanted that university to adopt, and Mr. Gruenbaum wanted the Columbia lawyer to know that the letter to Harvard was “unauthorized,” the two people with knowledge of the call said.

Mr. Gruenbaum did not respond to a message seeking comment.

Later Monday, Harvard’s corporation and senior leaders were briefed on Mr. Gruenbaum’s assertion that the letter should not have been sent. The briefing left many on Harvard’s side convinced that the letter had been a mistake, three people familiar with the matter said.

Harvard officials, including several who worked in government earlier in their careers, were shocked that such an important letter — bearing the logos of three government agencies, with signatures of three top officials at the bottom — could be sent by a mistake.

But at that point, there was no way for Harvard to undo what had already been set in motion. The university had already declared that it would rebuff the letter’s demands. And despite claiming that the letter should not have been sent, the Trump administration did not withdraw it.

In response to Harvard’s decision to fight, the White House announced that Mr. Trump was freezing $2.2 billion in grants to the school. Within a day, he was threatening to revoke Harvard’s tax-exempt status.

Maureen Farrell contributed reporting.

Michael S. Schmidt is an investigative reporter for The Times covering Washington. His work focuses on tracking and explaining high-profile federal investigations.

Michael C. Bender is a Times political correspondent covering Donald J. Trump, the Make America Great Again movement and other federal and state elections.“

Live Updates: Supreme Court, for Now, Blocks Deportations of Venezuelan Migrants

Live Updates: Supreme Court, for Now, Blocks Deportations of Venezuelan Migrants 

Justices Clarence Thomas and Samuel A. Alito Jr. dissented. A group of migrants had been scheduled to be flown out of the country, according to people familiar with the matter. 

ImageA man wearing dark clothes walks with a dog in front of a large building with scaffolding on the facade.
The Supreme Court earlier this month.Credit...Tierney L. Cross for The New York Times
Pinned

In an emergency filing, lawyers had asked the justices to stop the deportations.

The Supreme Court temporarily blocked the Trump administration early Saturday from deporting another group of Venezuelan migrants accused of being gang members under the expansive powers of a rarely invoked wartime law.

“The government is directed not to remove any member of the putative class of detainees from the United States until further order of this court,” the court said in a brief, unsigned order that gave no reasoning, as is typical in emergency cases.

Justices Clarence Thomas and Samuel A. Alito Jr. dissented. The White House did not issue any immediate response.

More than 50 Venezuelans were scheduled to be flown out of the country — presumably to El Salvador — from an immigration detention center in Anson, Texas, according to two people with knowledge of the situation. The A.C.L.U. in recent days had already secured court orders barring similar deportations under the law, the Alien Enemies Act, in other places including New York, Denver and Brownsville, Texas.

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Two guards stand in front of a large cement wall and under blue letters that say CECOT.
The maximum-security penitentiary in San Vicente, El Salvador, where many deported migrants have been taken, earlier this month. Credit...Alex Peña/Getty Images

The situation in Anson was urgent enough that A.C.L.U. lawyers mounted challenges in three different courts within five hours on Friday.

The lawyers started with an emergency filing in Federal District Court in Abilene, Texas, in which they claimed that officers at the Bluebonnet Detention Center in Anson had started distributing notices to Venezuelan immigrants informing them that they could face deportation as soon as Friday night.

They asked Judge James Wesley Hendrix, who is overseeing the case, to issue an immediate order protecting all migrants in the Northern District of Texas who might face deportation under the Alien Enemies Act. When Judge Hendrix did not grant their request quickly — and later rejected it entirely — the lawyers filed a similar request to the U.S. Court of Appeals for the Fifth Circuit in New Orleans.

The lawyers then filed an emergency petition to the Supreme Court, asking the justices to step in and issue an immediate pause on any deportations because many of the Venezuelan men had “already been loaded on to buses, presumably headed to the airport.”

Immigration lawyers have been playing a high-stakes game of cat and mouse with the federal government since President Trump issued a proclamation last month invoking the Alien Enemies Act as a way to deport immigrants he claims are members of Tren de Aragua, a violent Venezuelan street gang. The law, which was passed in 1798, has been used only three times before in U.S. history, during periods of declared war.

The efforts by groups like the A.C.L.U. to stop deportations under the act were complicated this month by a Supreme Court rulingthat found that anyone subject to the statute needed to be given the opportunity to challenge their removal, but only in the places where they were being detained.

The decision by the justices set off a hunt for anyone who might fall under the authority of Mr. Trump’s proclamation. The A.C.L.U., hoping to come up with a system for determining where those people might be, has asked a federal judge in Washington to issue a nationwide order forcing the government to provide 30 days’ notice to anyone in the country before officials seek to remove them under the Alien Enemies Act.

During a hearing on Friday evening in front of the judge in Washington, James E. Boasberg, a lawyer for the A.C.L.U., Lee Gelernt, said that he was prepared to file what amounted to pre-emptive lawsuits in all of the more than 90 federal judicial districts across the country in an effort to ensure that no Venezuelan migrants were deported without hearings under the act.

Drew C. Ensign, a lawyer for the Justice Department, gave his word that no flights were scheduled to depart from the Bluebonnet center on Friday night or Saturday morning, adding that the migrants there would be given at least 24 hours’ notice before they were deported.

But Judge Boasberg was somewhat skeptical of Mr. Ensign’s assertion, pointing out that the notice forms the government had given to the Venezuelan men did not contain an explicit statement that they were able to challenge their deportations.

There is a history here: In mid-March, during the first hearing to consider the administration’s use of the Alien Enemies Act, Judge Boasberg ordered Trump officials to pause all of the deportation flights it had sent out under the act. But despite his instructions, three planes left Texas and landed in El Salvador, stranding more than 200 deportees in prison there.

Judge Boasberg is now considering opening a contempt investigation into whether the administration violated his order, although an appeals court temporarily put that plan on hold on Friday night. Still, he declined on Friday night to issue a new order stopping deportation flights from northern Texas in part because of jurisdictional concerns that other courts were already mulling the same question.

This latest iteration of the fight over the use of the Alien Enemies Act began on Wednesday when the A.C.L.U. filed suit in Abilene on behalf of two Venezuelan migrants being held at the Bluebonnet facility, asking Judge Hendrix to shield them against deportation. But the judge denied the request, largely because lawyers for the Justice Department told him that the men — known only by their initials, A.A.R.P. and W.M.M. — had not yet been scheduled for removal from the country.

But then on Friday, other Venezuelan migrants at the detention center were informed that they were facing imminent deportation, court papers say. One of them, known as F.G.M., was instructed to sign a removal waiver in English, even though he speaks only Spanish, the papers say.

When he refused to sign, immigration officers told him the waiver was “coming from the president,” according to court papers, “and that he will be deported even if he did not sign it.”

Among those at the Bluebonnet detention center that the A.C.L.U. is seeking to protect from deportation is a 19-year-old known as Y.S.M.

Y.S.M., court papers say, was arrested by immigration agents on March 14 and was sent to the Bluebonnet facility this week. When the agents initially questioned him, court papers say, they told him that a photograph on Facebook showing him in the presence of another person holding a gun proved he was a member of Tren de Aragua.

But according to his lawyer, Y.S.M. informed the agents that what they believed to be a gun was actually a water pistol.

A spokeswoman for the president of El Salvador, Wendy Ramos, did not respond to a request for confirmation of an upcoming flight.

Since March 15, the Trump administration has sent five flights carrying deportees to El Salvador under a deal with its president, Nayib Bukele, to hold detainees deemed by U.S. authorities to be part of criminal gangs in his country’s prison system, for a fee.

Annie Correal, Maggie Haberman and Zolan Kanno-Youngs contributed reporting.