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USA v. President and Fellows of Harvard College (Admissions Records Enforcement Case)

February 2026
Harvard University (Private college or university)
Cambridge, MA

Identity of Speakers

  • n/a
    Student
    Other

Additional Information

  • Incident Nature:
    Lawsuit
  • Incident Political Orientation:
    Not Clear
  • Incident Responses:
    Litigation
  • Incident Status:
    In litigation Federal District Court
  • Did not involve Speech Codes

Summary

On February 13, 2026, the United States Department of Justice filed a lawsuit against Harvard University in the United States District Court for the District of Massachusetts, alleging that Harvard had “thwarted” and “slow walked” a federal civil rights compliance investigation by refusing to produce requested applicant-level admissions data. The complaint sought injunctive relief compelling Harvard to turn over individualized admissions records and comply with future requests, asserting that “the repeatedly extended deadlines for document production have long passed.” The lawsuit did not seek monetary damages or termination of federal funding, but instead focused on compelling compliance with the DOJ’s document demands.

The dispute originated from a compliance review the DOJ opened in April 2025 to assess whether Harvard was complying with Title VI of the Civil Rights Act of 1964 following the Supreme Court’s 2023 decision prohibiting the consideration of race in college admissions. The review followed broader federal demands issued on April 11, 2025, which conditioned continued federal funding on sweeping changes to admissions and governance practices, including expanded federal access to admissions and hiring data and enhanced reporting and audit requirements. As part of the Title VI review, the Department of Justice requested five years of admissions-related data from Harvard College, Harvard Law School, and Harvard Medical School, including academic performance, standardized test scores, essays, extracurricular activities, admissions outcomes, and race- and ethnicity-disaggregated information.

Harvard responded by producing thousands of pages of materials in May 2025, which the government alleged consisted largely of aggregated data, policy documents, and publicly available information rather than the applicant-level records it sought. The DOJ maintained that this production was insufficient to evaluate whether race continued to influence admissions decisions in violation of federal law.

Harvard maintained throughout the process that it had cooperated in good faith and was complying with federal law and the Supreme Court’s ruling. The University also raised concerns that producing individualized admissions records could violate the Family Educational Rights and Privacy Act (FERPA), which restricts disclosure of identifiable student information, and argued that it had already provided substantial documentation responsive to the government’s inquiries.

On April 14, 2026, Harvard filed an answer to the lawsuit, denying the government’s allegations and arguing that it had already provided extensive cooperation, including thousands of pages of documents, admissions policies, compliance materials, and narrative explanations of its admissions process. It further contended that the Department’s requests for individualized applicant records were overbroad, unnecessary to assess compliance, and constrained by privacy protections under federal law.

The litigation unfolded amid broader tensions between Harvard and the Trump administration, including escalating political pressure in early February 2026, when President Donald J. Trump alternated between signaling willingness to settle for a $200 million payment and later demanding $1 billion in “damages” while threatening criminal investigation. On February 6, 2026, Secretary of Defense Pete Hegseth announced the suspension of certain Department of Defense academic and fellowship programs with Harvard.