Policy Alert: Combatting Anti-Semitism

Action: Executive Order "Additional Measures to Combat Anti-Semitism"

What it does: The Order reaffirms a previous order issued during President Trump’s first Administration to support enforcement of national civil rights laws in protection of American Jews, now focusing on schools and education campuses. The new Order calls for the use of “all available and appropriate legal tools to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence.” The order also charges Federal agencies to explore additional authorities to address anti-Semitism and provide a report of existing complaints.

Key Insights

• The executive order builds on an order from President Trump’s first Administration (Executive Order 13899), which was repealed by the Biden Administration. In addition to reiterating a policy to take legal action in cases involving anti-Semitism, the order directs agencies to submit a report to the President that identifies additional civil and criminal authorities and actions that can be leveraged against anti-Semitism and details pending administrative complaints, including those from and involving students.
• The Order has a particular focus on educational institutions. The Attorney General is directed to include an inventory and analysis of all court cases connected to anti-Semitism in higher education, particularly those arising after October 7, 2023. Further the Attorney General must indicate intended or executed action and is encouraged to exercise full enforcement of legal authority. In response, on February 3, the Justice Department established a task force on anti-Semitism complaints on campuses.
• The Secretary of Education is also required to include an inventory and analysis of all Title VI complaints and administrative actions (which address discrimination) within the Office of Civil Rights related to anti-Semitism across the K-12 and higher education school levels. The Education Department also opened investigations into five universities (Columbia, Northwestern, Portland State, the University of California at Berkeley, and the University of Minnesota-Twin Cities) where it alleges “widespread antisemitic harassment [.]”