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Harvard Cleared of Racial Bias in Admissions
Harvard does not discriminate against Asian American applicants, a federal appeals court ruled Thursday in a decision that offers relief to other colleges that consider race in admissions but also sets the stage for a potential review by an increasingly conservative U.S. Supreme Court.
The decision came from two judges on the 1st U.S. Circuit Court of Appeals in Boston who rejected claims from an anti-affirmative action group that accused the Ivy League university of imposing a "racial penalty" on Asian Americans. The judges upheld a previous ruling clearing Harvard of discrimination when choosing students.
It delivers a blow to the suit's plaintiff, Students for Fair Admissions, a nonprofit that aims to eliminate the use of race in college admissions. In a statement, the group's president, Edward Blum, said he was disappointed but that "our hope is not lost."
"This lawsuit is now on track to go up to the U.S. Supreme Court, where we will ask the justices to end these unfair and unconstitutional race-based admissions policies at Harvard and all colleges and universities," Blum said.
Both sides have been preparing for a possible review by the Supreme Court, and some legal scholars say the issue is ripe to be revisited.
Race's role in admissions
Filed in 2014, the lawsuit has revived a national debate about race's role in college admissions. In multiple decisions spanning decades, the U.S. Supreme Court has ruled that colleges can consider race as a limited factor in order to promote campus diversity. But the practice faces mounting challenges in the courts, including three suits from Students for Fair Admissions.
Many elite colleges consider applicants' race and give an edge to some underrepresented students to promote diversity on campus. The Trump administration has opposed the practice and backed the lawsuit against Harvard. In October, the Justice Department filed a similar suit accusing Yale University of discriminating against Asian American and white applicants.
In Thursday's decision, however, the judges ruled that Harvard's admissions process passes legal muster and aligns with requirements that the Supreme Court laid out in previous cases.
"The issue before us is whether Harvard's limited use of race in its admissions process in order to achieve diversity in the period in question is consistent with the requirements of Supreme Court precedent. There was no error," the judges wrote.
Blum, a legal strategist, has spent years working to rid racial considerations from college admissions. Before the Harvard case, he orchestrated an unsuccessful fight challenging the use of race at the University of Texas. In that case, a white student said she was rejected by the university because she was white.
Several Asian American groups filed legal briefs supporting Harvard, while some others filed briefs backing the suit and alleging discrimination in Ivy League admissions.
The suit alleges that Harvard's admissions officers use a subjective "personal rating" to discriminate against Asian Americans who apply to the school. Using six years of admissions data, the group found that Asian American applicants were given the highest scores in an academic category but received the lowest scores on the personal rating.
The group's analysis found that Harvard accepted Asian Americans at lower rates than any other racial group, while giving preference to Black and Hispanic students with lower grades. The lawsuit also alleged that Harvard works to keep a consistent racial breakdown among new students, which the organization says amounts to illegal "racial balancing."
Statistically insignificant effect
Harvard denies any discrimination and says it considers applicants' race only in the narrow way approved by the U.S. Supreme Court. In close calls between students, some underrepresented students may get a "tip" in their favor, school officials have said, but students' race is never counted against them.
After a three-week trial that cast new light on Harvard's secretive selection process, a federal judge ruled that other factors could explain why Asian Americans are admitted at lower rates than other students. In her 2019 ruling, District Judge Allison D. Burroughs said Harvard's admissions process is "not perfect" but concluded that there was "no evidence of any racial animus whatsoever."
A three-judge panel of the appeals court heard arguments in September, but one of the judges, Juan Torruella, died in October before the case was decided. The ruling notes that Torruella heard oral arguments but did not participate in issuing the decision.
The judges agreed with a district court finding that Harvard's personal rating is not influenced by race. Although the rating may be correlated with race, the judges wrote, the link is more likely to be caused by outside factors including students' personal essays or letters of recommendation.
Ultimately, the judges wrote, Asian American identity has a statistically insignificant effect on admissions probability, and they concluded that Harvard does not place outsized emphasis on race.
"Harvard has demonstrated that it values all types of diversity, not just racial diversity," the judges wrote. "Harvard's use of race in admissions is contextual and it does not consider race exclusively."
The decision received praise from the American Council on Education, an association of university presidents, which called it a "clear win" for Harvard and other universities.
Some legal scholars, however, believe that the current makeup of the Supreme Court may be more likely to place tighter limits around the use of race in admissions or to forbid the practice entirely.
The three Supreme Court justices appointed to the court by President Donald Trump have pushed the nation's highest court more conservative than when it last ruled in favor of the consideration of race in college admissions in 2016.
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Reports of visa checks, deportations worry Chinese STEM students in US
Geopolitical tensions and growing competition in tech between the United States and China appear to be spilling over into academia despite commitments from the world’s two biggest economies to boost people-to-people exchanges.
The United States remains the top choice for Chinese students seeking to study abroad with nearly 300,000 studying in American colleges and universities during the 2022-2023 school year. But reports of some cases that students and professors are facing extra scrutiny while passing through immigration and the deportation of others are raising concerns.
For Chen Xiaojin, a doctoral student studying semiconductor materials at a university in the Washington, D.C., metropolitan area, it has been six years since she returned to her hometown of Beijing.
At first, it was the COVID-19 pandemic that kept her from going home. But over the past two years, she has been deterred by accounts of Chinese students majoring in science and engineering being required to reapply for their visas upon returning to China.
She also says she is worried by reports over the past six months of Chinese students being deported, even at nearby Dulles Airport.
"My current research is relatively sensitive, and my boss [adviser] is getting funds from the U.S. Department of Defense, making it even more sensitive,” she told VOA. "I am afraid that I won't be able to return after I go back [to China]."
Chen says that if she did return to China, she would have to apply for a new visa.
In a report late last month, Bloomberg said it had found at least 20 Chinese students and scholars with valid visas who were deported at U.S. Customs since November and barred from reentry. The U.S. Customs and Border Protection Agency does not release relevant data.
Immigration attorney Dan Berger represented one Chinese student who was deported late last year. He tells VOA Mandarin that the student studied biological sciences at Yale University and was about to complete her doctorate.
She visited her family in China and got a new visa but was deported by customs at Dulles Airport and barred from reentering the country for five years. Berger said he did not see anything suspicious in the transcript of the conversation between the student and the customs officer.
"We have seen what seems like a pattern over the last six months of Chinese PhD students being turned around…. more than I've seen in quite a while," he said.
Matthew Brazil, a fellow at the Jamestown Foundation, said neither country seems willing to explain the situation. However, he believes that in most cases, the United States must have valid reasons for blocking visa holders from entering the country.
In some cases, the student’s background may not match what is written on the visa application. In other cases, customs agents may also find something that the State Department missed, and once they see it, they are responsible for taking action.
"I wish the Chinese side would be specific about their students who were refused entry,” he said. “The fact that both sides are mum on details and that the Chinese side is engaged with the usual angry rhetoric means that each has security concerns. And that says to me that there was good reason for the U.S. to stop these particular applicants."
Brazil also sees a connection between the entry denials and export control regulations issued by the United States in October 2022 that restrict China's ability to obtain advanced computing chips, develop and maintain supercomputers, and manufacture advanced semiconductors.
U.S. Customs and Border Protection is one of the law enforcement agencies authorized to investigate violations of export control regulations, he said.
"Beijing's intelligence agencies are known to focus attention on PRC [People's Republic of China] students and scientists headed abroad who study or work on dual-use technologies controlled under the Export Administration Act — compelling Chinese students and scientists to report on what they've learned when they return to China on holiday,” he said. “This has been true for decades."
Bill Drexel, a fellow for the Technology and National Security Program at the Center for a New American Security, said the U.S. government did find some cases where students tried to steal strategic technology for China.
"I think it would both not be surprising that they found some really questionable or incriminating evidence for some students,” he said. “It would also not be surprising if, in their hunt for really solid evidence, they also may have made some mistakes on other students.”
Drexel adds that “it’s just kind of an unfortunate fact of the time that we live in and the tactics that the CCP uses when it comes to these measures."
In a post on X in early May, U.S. ambassador to China Nicholas Burns tried to dispel concerns about visas and entry to the United States for students and scholars. In the post, he said "99.9% of Chinese students holding visas encounter no issues upon entering the United States.”
In an interview with The Wall Street Journal Monday, Burns said it is China that is making it impossible to promote people-to-people ties. Burns told the Journal that students attending events sponsored by the United States in China have been interrogated and intimidated.
He also said that since U.S. President Joe Biden and China’s leader Xi Jinping held their summit in San Francisco last year, China’s Ministry of State Security and other agencies had interfered with Chinese citizens’ participation at some 61 events.
At a regular briefing on Wednesday, Chinese Foreign Ministry spokesperson Mao Ning dismissed those accusations, saying that they did not “reflect reality" and that went against key understandings reached by both countries’ presidents in San Francisco.
“The United States, under the pretext of 'national security,' unjustifiably harasses, interrogates, and deports Chinese students in the U.S., causing them significant harm and creating a severe chilling effect,” Mao said. “The image of the United States in the minds of the Chinese people fundamentally depends on the actions of the United States itself.”
Drexel said he believes Burns’ comments about visas and students' willingness to study in the U.S. still ring true.
“On balance, it's still the case that American universities are overwhelmingly warm towards Chinese students and want them in large numbers," he said.
However, Berger, the immigration lawyer, is concerned about the chilling effect recent cases involving Chinese students could have.
"In general, we are being more careful about advising Chinese graduate students in STEM fields about traveling and letting them know that there is some small risk,” he said.
Even though the risk is small, it does seem to be real at the moment, he said.
Adrianna Zhang contributed to this report.
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