DOJ lawsuit pressures Harvard to hand over detailed applicant information: Privacy law at the center of dispute

The Trump administration’s Friday lawsuit seeking admissions records from Harvard University may run up against the Family Educational Rights and Privacy Act (FERPA), a federal law that restricts disclosure of student records that could identify individual applicants, according to legal experts interviewed by The Harvard Crimson.

The Department of Justice (DOJ) has demanded applicant-level admissions data, including grades, standardized test scores, race, ethnicity, and internal evaluations. Scholars told The Harvard Crimson that even if names are removed, combining such data points could make individual applicants identifiable, potentially violating FERPA protections.

Vinay Harpalani, a professor of law at the University of New Mexico, told The Harvard Crimson he would “be surprised” if the administration succeeds, citing confidentiality concerns. He said linking grades, scores, race, and other characteristics could allow individuals to be identified, raising serious privacy risks under FERPA.

DOJ review follows Supreme Court’s affirmative action ruling

According to The Harvard Crimson, the DOJ launched a review in April 2025 seeking admissions data from Harvard College, Harvard Law School, and Harvard Medical School. The lawsuit, filed Friday morning, asks a federal court to compel Harvard to turn over documents related to applicant-level admissions decisions.

The department says the records are needed to assess whether Harvard continues discriminatory practices after the U.S. Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which ended race-conscious admissions policies nationwide.

Jonathan D. Glater, a professor at the University of California, Berkeley, told The Harvard Crimson that FERPA protects personally identifiable student information and questioned whether the DOJ has authority to access such data outside a criminal investigation. He also noted that admissions decisions involve nuanced factors beyond grades and test scores.

Escalation in broader federal dispute

The lawsuit marks the latest escalation in a months-long dispute between Harvard and the federal government, The Harvard Crimson reported. It follows a September 2025 ruling that struck down the White House’s $2.7 billion freeze on Harvard’s federal funding as unconstitutional — a decision the Trump administration appealed in December.

Paul A. Gowder of Northwestern University told The Harvard Crimson that the lawsuit could be seen as part of a broader effort to pressure Harvard. Harvard spokesperson Jason A. Newton described the action as retaliation for the University’s refusal to surrender its independence in response to what he called unlawful government overreach.

Some experts told The Harvard Crimson they are unsure whether the case will ultimately proceed through full litigation or function as leverage in ongoing negotiations.
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