Tag: Blocking

  • DHS Terminates Harvard’s SEVP Certification, Blocking Foreign Student Enrollment – CUPA-HR

    DHS Terminates Harvard’s SEVP Certification, Blocking Foreign Student Enrollment – CUPA-HR

    by CUPA-HR | May 22, 2025

    On May 22, the Department of Homeland Security (DHS) announced that it terminated Harvard University’s Student and Exchange Visitor Program (SEVP) certification. According to DHS, this action bars Harvard from enrolling foreign students and requires foreign students currently enrolled at the institution to transfer to another U.S. institution or lose legal status.

    In the announcement, DHS states that “Harvard’s leadership has created an unsafe campus environment by permitting anti-American, pro-terrorist agitators to harass and physically assault individuals, including many Jewish students, and otherwise obstruct its once-venerable learning environment.” DHS claims that many of the agitators are foreign students. The announcement also accuses Harvard’s leadership of facilitating and engaging in coordinated activity with the Chinese Communist Party.

    On April 16, DHS Secretary Kristi Noem sent a letter to Harvard requesting the university to provide records on foreign students’ illegal activity or misconduct. The letter stated that Harvard could face immediate loss of SEVP certification if it did not comply. According to the DHS announcement on the SEVP termination, Harvard did not provide “the required information requested and ignored a follow up request from the Department’s Office of General Counsel.”

    In DHS’s announcement regarding the termination of Harvard’s SEVP certification, Noem states that DHS’s decision to terminate Harvard’s SEVP certification is “holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on campus.” She further states that “it is a privilege, not a right, for universities to enroll foreign students” and to “let this serve as a warning to all universities and academic institutions across the country.”

    CUPA-HR will monitor for additional updates on this decision and other actions taken by DHS.



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  • NLRB Issues Decision Blocking Certain Provisions in Severance Agreements, CUPA-HR to Hold Webinar – CUPA-HR

    NLRB Issues Decision Blocking Certain Provisions in Severance Agreements, CUPA-HR to Hold Webinar – CUPA-HR

    by CUPA-HR | March 20, 2023

    On February 21, the National Labor Relations Board (NLRB) issued its decision in McLaren Macomb deciding that employers cannot offer employees severance agreements that require employees to waive rights under the National Labor Relations Act (NLRA), such as confidentiality and non-disparagement requirements.

    The Board explained in its press release on the decision that if an employer offers a severance agreement with a provision that requires the employees to broadly give up their rights under the Act, the employer violates the NLRA. The simple offering of the agreement “is itself an attempt to deter employees from exercising their statutory rights, at a time when employees may feel they must give up their rights in order to get the benefits provided in the agreement.” NLRB Chair Lauren McFerran said “It’s long been understood by the Board and the courts that employers cannot ask individual employees to choose between receiving benefits and exercising their rights under the National Labor Relations Act.”

    McFerran issued the decision alongside NLRB Democratic Members Gwynne Wilcox and David Prouty, while Republican Board Member Marvin Kaplan dissented. The decision reverses two Trump-era NLRB decisions, Baylor University Medical Center and IGT d/b/a International Game Technology. Both of these decisions determined severance agreements with confidentiality and non-disparagement provisions not unlawful in and of themselves.

    Importantly, this decision does not apply to public sector employees as the NLRB only has statutory jurisdiction over private sector employees. Additionally, the ruling does not apply to employees in supervisory or managerial positions.

    CUPA-HR will hold a webinar on this rulemaking and its potential impact on higher ed institutions on March 30, 2023 at 1:00 p.m. ET. Registration is required for participation, but free to all CUPA-HR members. To register, please visit the event’s web page.



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