On January 29, 2025, President Trump issued an executive order titled “Additional Measures to Combat Anti-Semitism.” In a fact sheet issued on January 30, 2025, the White House stated that the Order “takes forceful and unprecedented steps to marshal all Federal resources to combat the explosion of anti-Semitism on our campuses and in our streets since October 7, 2023.”¹ The fact sheet notes that the Order “expand[s] on” Executive Order 13899, issued during President Trump’s first term on December 11, 2019, which stated that it was the policy of the executive branch to enforce Title VI of the Civil Rights Act of 1964 against prohibited forms of discrimination rooted in antisemitism.²

The new Order appears to be a first step toward fulfilling President Trump’s campaign promise to curb antisemitism. As stated in the January 30 fact sheet, the Department of Justice will take “immediate action” pursuant to the Order “to protect law and order, quell pro-Hamas vandalism and intimidation, and investigate and punish anti-Jewish racism in leftist, anti-American colleges and universities.”³ The fact sheet further highlights President Trump’s pledge to “quickly cancel the student visas of all Hamas sympathizers on college campuses.”⁴

The Order sets forth the following instructions:

• The Order requires that the head of each executive department or agency submit, within 60 days, a report identifying “all civil and criminal authorities or actions…that might be used to curb or combat anti-Semitism” and all pending court administrative complaints against institutions of higher education alleging civil rights violations “related to or arising from” incidents of antisemitism following October 7, 2023.⁵
• The Order directs the Department of Justice to submit a report including an analysis of all court cases involving institutions of higher education alleging civil rights violations “related to or arising from” incidents of antisemitism following October 7, 2023.⁶ The report must indicate whether the Attorney General “intends to or has taken any action with respect to such matters, including filing statements of interest or intervention.”⁷
• The Order encourages the Attorney General to “employ appropriate civil-rights enforcement authorities” to combat antisemitism, with specific reference to 18 U.S.C. § 241— a conspiracy statute that makes it unlawful for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws of the United States.⁸
• The Order directs the Secretary of Education to submit an inventory and analysis of all Title VI complaints and administrative actions related to antisemitism that have been designated as pending or resolved after October 7, 2023.⁹
• The Order instructs the Secretaries of State, Education, and Homeland Security to develop “recommendations for familiarizing institutions of higher education with the grounds for inadmissibility under 8 U.S.C. 1182(a)(3).”¹⁰ Section 1182(a)(3) of the Immigration and Nationality Act outlines  the grounds for removal of any “alien” who “endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization” or who is a member of “a political, social, or other group that endorses or espouses terrorist activity,” among other prohibited activities.¹¹ The Order’s reference to that language appears to suggest that federal law enforcement may focus on students with foreign visas who have “expressed or espoused” support for U.S.-designated terror organizations such as Hamas or the Popular Front for the Liberation of Palestine.  The Order further contemplates that, with the aid of the recommendations developed pursuant to the Order, institutions of higher education “may monitor for and report activities by alien students and staff,” conduct investigations as appropriate, and “if warranted…remove such aliens.”

The Order comes against the backdrop of increased scrutiny of universities’ tax-advantaged status and uncertainty with respect to the status of federal funding, including grant-funded scientific and technological research.  As institutions of higher education navigate these pressures, including the potential for enforcement action under the Order, they should consider taking the following steps to ensure that policies and procedures are in place to comply with applicable laws and to support their campus communities:

• Ensure that policies, procedures, and enforcement practices reflect Title VI requirements and administrative guidance for prohibiting conduct relating to antisemitism and other forms of discrimination based on shared ancestry discrimination.  This includes the “Dear Colleague” letter issued by the Department of Education’s Office for Civil rights in May 2024 regarding schools’ obligations under Title VI.¹² That letter, which remains in effect as of the date of this alert, explains that Title VI’s prohibition on discrimination on the basis of race, color, and national origin includes discrimination against students because they are, or are perceived to be, Jewish or Israeli based on their “shared ancestry or ethnic characteristics” or citizenship/residency in a country with a dominant religion or religious identity.¹³
• Review Title VI compliance functions and ensure that personnel are trained to conduct Title VI compliance investigations.
• Develop clearly defined reporting channels for reporting complaints, including those related to antisemitism.
• Educate students and employees regarding conduct prohibited by Title VI as well as the potential consequences for violating university policy and federal law.

WilmerHale’s Higher Education Practice and Crisis Management and Strategic Response Group has advised many clients in this area of the law as it develops.  We are closely monitoring the Trump Administration’s executive orders, as well as agency regulations and guidance, and are available to advise educational institutions on the developing landscape.