Judge Chutkan temporarily bars Education Department from publishing foreign donor names

Right · 2On Thursday 1 October 2026, US District Judge Tanya Chutkan of the District of Columbia issued a temporary restraining order blocking the Education Department from releasing the names of foreign donors to Harvard, Columbia and other top US universities. 1 2 Right · 1The Association of American Universities (AAU), which the New York Post says represents at least 69 top research universities, brought the suit, arguing that donors gave on the basis of assurances that their privacy would be protected. 1 Right · 1Section 117 of the Higher Education Act requires universities to report foreign gifts and contracts worth $250,000 or more to the Education Department and makes those reports public. Since 2020 the department has also collected individual donor names while saying it would not publish them; in June 2026 it reversed course, published the names of 92 institutional donors, and set 2 October 2026 as the date to publish all names. 2

Right · 1Chutkan found the AAU likely to succeed in showing the publication decision was arbitrary and capricious under the Administrative Procedure Act. She wrote that the department had told institutions in writing for six years that it would not publish donor names, and that its only explanation was an asserted statutory mandate, which she called internally inconsistent because the department treated withholding addresses as a discretionary policy matter. 2 Right · 2She also found likely irreparable harm: in the five-page order she wrote that once published the information "will likely never escape the public eye" and that disclosure may endanger donors living in politically repressive countries. She noted the department's counsel conceded its only prejudice would be a delay, and that she did not reach the AAU's other claims, including First Amendment issues. 1 2 Right · 2The New York Post reports the order lasts 28 days while Chutkan considers a longer injunction. Reason's text of the ruling says the department "may ultimately be able to justify its decision". 1 2

Right · 2The administration defends publication. In its June 2026 statement it said disclosure is statutorily required and in the interest of national security, citing funding tied to Russia, China and Iran. An Education Department official told reporters that most of the $5.2 billion given since 2020 came from non-natural entities such as foreign governments, militaries or businesses, and spokeswoman Ellen Keast accused the AAU of being "hellbent on avoiding public accountability" and said the department would keep fighting in court. 2 1 Right · 1The AAU welcomed the ruling, saying that if the administration succeeded it would chill donations that support scholarships, research and teaching. The AAU also argued that the department had been obtaining individual donor identities since 2020, during the first Trump administration. 1