Additional Measures to Combat Anti-Semitism

January 29, 2025

Action Summary

  • Purpose: Reaffirms Executive Order 13899 and initiates additional measures to combat anti-Semitism in the United States and internationally, especially in the wake of the October 7, 2023 Hamas terrorist attacks.
  • Historical Context: Notes that the prior administration weakened Executive Order 13899, which originally addressed anti-Semitic harassment on campuses by providing interpretive guidance under civil rights laws.
  • Policy Directive: Establishes a vigorous commitment to using all available legal tools to prosecute, remove, or hold accountable those responsible for anti-Semitic harassment and violence.
  • Reporting Requirements:
    • Within 60 days, heads of executive departments and agencies must submit reports detailing civil and criminal authorities/actions, including an inventory and analysis of pending administrative complaints related to post-October 7, 2023 campus anti-Semitism.
    • The Attorney General’s report must include analysis of related court cases and potential actions under civil-rights enforcement authorities (e.g., 18 U.S.C. 241).
    • The Secretary of Education’s report must include Title VI complaints and administrative actions related to anti-Semitism, including in K-12 education.
  • Interagency Coordination: The Secretaries of State, Education, and Homeland Security are required to consult and include recommendations in their reports regarding how institutions of higher education can better monitor and report activities by alien students and staff that may relate to anti-Semitic actions.
  • General Provisions:
    • Clarifies that the order does not impair existing agency authorities or the budgetary functions of the Office of Management and Budget.
    • Implementation must comply with applicable laws and appropriation availability without creating any enforceable rights against the United States or its agents.

Risks & Considerations

  • The Executive Order mandates a vigorous approach to combating anti-Semitism, which could lead to increased scrutiny and potential legal actions against institutions of higher education, including Vanderbilt University, if any incidents of anti-Semitic harassment or discrimination are reported.
  • There is a risk of reputational damage if the university is perceived as not adequately addressing anti-Semitic incidents on campus. This could affect student enrollment and community relations.
  • The requirement for institutions to monitor and report activities by alien students and staff could raise privacy and ethical concerns, potentially leading to tensions within the university community.
  • Vanderbilt University may need to review and possibly enhance its policies and procedures related to anti-discrimination and harassment to ensure compliance with the new federal directives.

Impacted Programs

  • Office of Equity, Diversity, and Inclusion at Vanderbilt may need to increase its efforts in monitoring and addressing anti-Semitic incidents, providing training, and ensuring compliance with federal guidelines.
  • Vanderbilt University Police Department might need to collaborate more closely with federal authorities to report and investigate incidents of anti-Semitism on campus.
  • The Office of International Student and Scholar Services could be impacted by the requirement to monitor activities of alien students and staff, necessitating additional resources and training.
  • Legal Affairs may need to prepare for potential legal challenges or compliance issues arising from the implementation of this Executive Order.

Financial Impact

  • There may be financial implications related to enhancing security measures, training programs, and compliance efforts to address anti-Semitism on campus.
  • Potential legal costs could arise from defending against or settling claims of anti-Semitic discrimination or harassment.
  • Vanderbilt University might need to allocate additional resources to support affected students and staff, including counseling and support services.

Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)

Key Actions

  • Vanderbilt University’s Office of Equity, Diversity, and Inclusion should review and enhance its policies and procedures to address anti-Semitism on campus. This includes ensuring that all incidents are reported and addressed promptly, and that students and staff are aware of the resources available to them.
  • The Office of the General Counsel should prepare for potential legal actions by reviewing current compliance with civil rights laws related to anti-Semitism and ensuring that the university’s policies align with federal guidelines.
  • Vanderbilt’s Department of Political Science could conduct research on the impact of anti-Semitism on campus climate and student well-being, providing valuable insights that can inform policy and educational initiatives.
  • The Office of International Student and Scholar Services should familiarize itself with the grounds for inadmissibility under 8 U.S.C. 1182(a)(3) to monitor and report any relevant activities by international students and staff, ensuring compliance with federal regulations.

Opportunities

  • Vanderbilt can position itself as a leader in combating campus anti-Semitism by hosting conferences and workshops that bring together experts, policymakers, and educators to discuss effective strategies and share best practices.
  • The university can enhance its reputation by developing partnerships with organizations dedicated to fighting anti-Semitism, creating joint initiatives that promote awareness and education on this critical issue.
  • By actively engaging in national conversations on anti-Semitism, Vanderbilt can contribute to shaping policies and practices that ensure a safe and inclusive environment for all students.

Relevance Score: 4 (The executive order necessitates major process changes to ensure compliance and enhance campus safety and inclusivity.)

Average Relevance Score: 3.6

Timeline for Implementation

  • Within 60 days of the issuance date (January 29, 2025)

Relevance Score: 3

Impacted Government Organizations

  • Department of Justice – Attorney General: Tasked with compiling reports on pending administrative and court cases involving civil rights violations, and empowered to use civil-rights enforcement authorities such as 18 U.S.C. 241 to combat anti-Semitic actions.
  • Department of Education – Secretary of Education: Required to submit detailed reports on Title VI complaints and administrative actions involving anti-Semitism in both higher education and K-12 settings, specifically via the Office for Civil Rights.
  • Department of State – Secretary of State: Instructed to collaborate with the Secretary of Education and the Secretary of Homeland Security to provide guidance on monitoring alien activities related to campus anti-Semitism.
  • Department of Homeland Security – Secretary of Homeland Security: Also called upon to coordinate with the Department of State and Education in reporting and recommendations regarding anti-Semitism and related immigration concerns.

Relevance Score: 2 (A few key executive agencies are directly impacted by the order.)

Responsible Officials

  • Heads of Executive Departments or Agencies – Responsible for submitting, within 60 days, a report to the President (via the Assistant to the President for Domestic Policy) that identifies all relevant civil and criminal authorities or actions to combat anti-Semitism.
  • Attorney General – Tasked with reporting on and analyzing pending administrative complaints and court cases related to campus anti-Semitism, and encouraged to utilize civil-rights enforcement authorities.
  • Secretary of Education – Required to submit a report including an inventory and analysis of Title VI complaints and administrative actions related to anti-Semitism, particularly in K-12 education.
  • Secretary of State, Secretary of Homeland Security, and Secretary of Education – In consultation with one another, they must include recommendations in their reports for familiarizing institutions of higher education with the grounds for inadmissibility under 8 U.S.C. 1182(a)(3), aiding in monitoring and reporting relevant activities.

Relevance Score: 5 (Directives affect Cabinet-level officials and agency heads, impacting strategic enforcement of civil rights on a large scale.)