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President Trump Issues Executive Order, “Additional Measures to Combat Anti-Semitism”

CATEGORY: Special Bulletins
CLIENT TYPE: Private Education, Public Education
PUBLICATION: LCW Special Bulletin
DATE: Jan 31, 2025

On January 29, 2025, President Trump issued an Executive Order (EO) titled “Additional Measures to Combat Anti-Semitism,” reinforcing prior federal efforts to address anti-Semitic discrimination, particularly in educational institutions. President Trump also issued a fact sheet to accompany the EO.

The EO builds upon Executive Order 13899, which President Trump issued in 2019, and directs federal agencies to take further action in response to increased anti-Semitic incidents following the October 7, 2023 Hamas terrorist attacks.

Key Provisions

Under the EO, the Departments of Education, Justice, State, and Homeland Security must report within 60 days on civil and criminal enforcement measures available to address anti-Semitic discrimination at colleges and universities.  They must also develop recommendations for monitoring and reporting activities by foreign students and staff at institutions of higher education who may fall under the grounds for inadmissibility under U.S. immigration law.

The Department of Education’s Office for Civil Rights must provide an inventory of Title VI complaints and enforcement actions related to anti-Semitism since October 7, 2023, including incidents in K-12 schools.

The Attorney General is encouraged to use civil rights enforcement laws to combat anti-Semitic acts.

Application to California Schools, Colleges, and University

The EO does not create new legal obligations for schools.

Schools that accept federal funding are subject to Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin, including shared ancestry and ethnic characteristics.

In May 2024, the Department of Education’s Office for Civil Rights issued a “Dear Colleague” letter to educational institutions receiving federal funding, providing guidance of their obligations under Title VI, particularly related to shared ancestry and ethnic characteristics.

Liebert Cassidy Whitmore attorneys are closely monitoring developments in relation to this Special Bulletin and are able to advise on the impact this could have on your organization, and other related issues. If you have any questions about this issue, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.

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