Harvard to Hand Over Worker I‑9 Forms to Homeland Security, Exacerbating Federal Spat

Publish Date:

August 5, 2025

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Harvard University said it would follow a federal inspection notice seeking employment eligibility documents from thousands of university employees, escalating an existing battle with the Trump administration regarding immigration enforcement, academic freedom and institutional autonomy.

The university will submit Form I‑9 documents, which confirm individuals’ identity and lawful right to work in the United States—to the Department of Homeland Security (DHS). The forms represent employees hired between July 1, 2024 and July 1, 2025, numbering close to 19,000 individuals, Harvard officials confirmed in an in-house message to faculty and staff.

A Federal Demand Amid Institutional Tensions

The demand stems from a formal Notice of Inspection (NOI) dated July 8 that marked DHS’s determination to audit Harvard’s obedience to federal work-authorization requirements. Though I‑9 audits are a legal right under U.S. labor law, analysts say a review of this magnitude is unprecedented—especially at one of the country’s top universities.

Harvard has stated the request encompasses I‑9 forms and supporting documents like passports, driver’s licenses, and Social Security records. The university stated that it would not submit records related to student work, awaiting clarification regarding their protection under the Family Educational Rights and Privacy Act (FERPA).

The school also requested DHS to ensure the information was kept securely and restricted to authorized purposes by the agency.

Context of a Broader Legal and Political Clash

The I-9 audit comes as Harvard is already embroiled in a contentious legal battle with the Trump administration. In the early part of this year, the U.S. withheld over $2.5 billion in federal research grants in conflicts regarding campus management of pro-Palestinian protests, transgender issues, and diversity initiatives. Harvard then launched a lawsuit against the administration’s actions, and conflicts regarding federal funding and governance are still mounting.

According to reports, Harvard has made up to $500 million available to settle federal allegations, negotiations continue. In contrast to a recent deal Columbia University reached (a $221 million settlement and an outside compliance monitor), Harvard has held firm against the imposition of an outside monitor.

“Administration’s moves seem aimed at punishing Harvard’s political positions and wearing down the university into submission,” said a Harvard professor knowledgeable about the internal reaction.

Privacy and Community Backlash

Harvard’s move has elicited fierce criticism from civil liberties groups and employees. Immigration lawyer Dan Berger characterized the inspection as “unusual,” adding that most employers rarely get that kind of attention even after decades of practice.

Harvard history professor Kirsten Weld wrote that she fears the actual purpose of the audit is to bully foreign-national workers, such as those on Temporary Protected Status (TPS) or protected visas – by amplifying the threat of screening and surveillance. Harvard’s Temporary Status Coalition estimated in a 2021 study that some 200 employees are employed under TPS or comparable arrangements.

Privacy groups also contend that handing over such sensitive employee information: such as birthdates, addresses and immigration status – is a serious data protection issue. Harvard has committed to forcing DHS to abide by internal privacy protections, but skeptics are concerned about abuse.

Increasing Federal Control of Universities

Harvard is not the only one to face heightened scrutiny. Investigations into Duke University and its law journal regarding hiring practices tied to diversity programs were opened by the administration, and $109 million in federal funds were frozen due to charges of discrimination in choosing editors. A companion investigation is underway at UCLA for alleged civil rights abuses.

These moves are part of a larger federal initiative countering Diversity, Equity, and Inclusion (DEI) policies in top-tier institutions, particularly race-conscious admissions and internal hiring practices, spurring fears of academic freedom and institutional autonomy.

What This Means for Harvard’s Students and Staff

Administrators at the university caution the record turnover can take several months, while employees with dual citizenship, academic appointments or student status may be subject to increased uncertainty. Student employment records are still up for discussion owing to FERPA protections, with no last word declared.

Harvard pegs a potential annual loss of $1 billion in federal money connected with unsettled grievances inflicting significant financial and institutional pressure on research effort and academic programming.

Warning Sounded by Analysts

Legal analysts indicate that I-9 audits have very steep financial burdens if mistakes are discovered. With new policy considerations, each clerical oversight can have penalties of close to $3,000 per document, which, even if unintentional – could add up to the millions if inefficiencies of the system are discovered.

Critics argue the timing and scale of the demand may be politically motivated, given Harvard’s identity as a high-profile target for federal criticism around campus protests and inclusion policies.

Harvard’s willingness to turn over thousands of employee verification forms to the federal government arrives at a time when the university is experiencing greater political and legal scrutiny. While obeying an I‑9 audit rests on federal law, its opponents see the action as one of a concerted effort eroding academic autonomy.

As document sharing gets underway, Harvard sits at the nexus of an intensifying tug-of-war—where immigration policy, institutional openness, and academic freedom all converge. The result has the potential to influence the way universities throughout the nation approach federal regulation and preserve academic autonomy in the years to come.

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