March 11, 2025

Topics

Competencies

On January 29, 2025, President Trump signed Executive Order 14188 titled Additional Measures to Combat Anti-Semitism. "This order reaffirms Executive Order 13899 and directs additional measures to advance the policy thereof in the wake of the Hamas terrorist attacks of October 7, 2023, against the people of Israel." Read:

Executive Order 14188 of January 29, 2025, Additional Measures to Combat Anti-Semitism
- Executive Order on whitehouse.gov
- Federal Register cite: 90 FR 8847 (February 3, 2025)
White House Fact Sheet: Fact Sheet: President Donald J. Trump Takes Forceful and Unprecedented Steps to Combat Anti-Semitism, January 30, 2025

Government Actions Pursuant to Executive Order 14118

Immigration Enforcement Actions

Arrest of Columbia University student Mahmoud Khalil. Sources of information:

March 11, 2025. NPR Morning Edition. What rights do green card holders have in the U.S.? Recorded NPR talk with National Foundation for American Policy Executive Director Stuart Anderson.
March 11, 2025. Reuters. News report. Judge temporarily blocks deportation of arrested Palestinian Columbia student.
March 9, 2025. M.K. v. Joyce (1:25-cv-01935). Habeas Corpus case filed against DHS on behalf of Mahmoud Khalil (M.K.) in the U.S. District Court for the Southern District of New York.
- March 10 court order: "To preserve the Court’s jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."
March 9, 2025. AP. News report. Immigration agents arrest Palestinian activist who helped lead Columbia University protests.

Interagency Federal Task Force to Combat Anti-Semitism

Creation of Task Force. A February 3, 2025 DOJ press release announced the creation of the "Interagency Federal Task Force to Combat Anti-Semitism." DOJ stated that "[i]n addition to the Department of Justice, the Task Force will include representatives from the U.S. Department of Education, U.S. Department of Health and Human Services, and other agencies as it develops. The Task Force will be coordinated through the Department’s Civil Rights Division." It is currently led by Leo Terrell, DOJ Senior Counsel to the Assistant Attorney General for Civil Rights. See Justice Department Announces Formation of Task Force to Combat Anti-Semitism, Department of Justice Office of Public Affairs press release, February 3, 2025.

Updates on Task Force Activities

March 10, 2025. Department of Education Press Release: U.S. Department of Education’s Office for Civil Rights Sends Letters to 60 Universities Under Investigation for Antisemitic Discrimination and Harassment. "...the U.S. Department of Education’s Office for Civil Rights (OCR) sent letters to 60 institutions of higher education warning them of potential enforcement actions if they do not fulfill their obligations under Title VI of the Civil Rights Act to protect Jewish students on campus, including uninterrupted access to campus facilities and educational opportunities. The letters are addressed to all U.S. universities that are presently under investigation for Title VI violations relating to antisemitic harassment and discrimination... The schools that received letters from the Office for Civil Rights include: American University; Arizona State University; Boston University; Brown University; California State University, Sacramento; Chapman University; Columbia University; Cornell University; Drexel University; Eastern Washington University; Emerson College; George Mason University; Harvard University; Illinois Wesleyan University; Indiana University, Bloomington; Johns Hopkins University; Lafayette College; Lehigh University; Middlebury College; Muhlenberg College; Northwestern University; Ohio State University; Pacific Lutheran University; Pomona College; Portland State University; Princeton University; Rutgers University; Rutgers University-Newark; Santa Monica College; Sarah Lawrence College; Stanford University; State University of New York Binghamton; State University of New York Rockland; State University of New York, Purchase; Swarthmore College; Temple University; The New School; Tufts University; Tulane University; Union College; University of California Davis; University of California San Diego; University of California Santa Barbara; University of California, Berkeley; University of Cincinnati; University of Hawaii at Manoa; University of Massachusetts Amherst; University of Michigan; University of Minnesota, Twin Cities; University of North Carolina; University of South Florida; University of Southern California; University of Tampa; University of Tennessee; University of Virginia; University of Washington-Seattle; University of Wisconsin, Madison; Wellesley College; Whitman College; Yale University."
March 3, 2025. Task Force focuses on Columbia University. In a March 3, 2025 press release, the Department of Education announced that the Departments of Health and Human Services (HHS), the Deparment of Education (ED), and the U.S. General Services Administration (GSA) will do a "comprehensive review of Columbia University’s federal contracts and grants in light of ongoing investigations for potential violations of Title VI of the Civil Rights Act... Given Columbia’s ongoing inaction in the face of relentless harassment of Jewish students, the Federal Government’s Task Force to Combat Anti-Semitism is considering Stop Work Orders for $51.4 million in contracts between Columbia University and the Federal Government. The task force will also conduct a comprehensive review of the more than $5 billion in federal grant commitments to Columbia University to ensure the university is in compliance with federal regulations, including its civil rights responsibilities." See ED, HHS, and GSA Announce Additional Measures to End Anti-Semitic Harassment on College Campuses, Department of Education press release, March 3, 2025.
February 28, 2025. Task force identifies 10 universities they'll visit. A February 28, 2025 Department of Justice's (DOJ) Office of Public Affairs press release announced that the "Federal Task Force to Combat Anti-Semitism" will be visiting 10 university campuses that have "experienced antisemitic incidents since October 2023," to include: Columbia University; George Washington University; Harvard University; Johns Hopkins University; New York University; Northwestern University; the University of California, Los Angeles; the University of California, Berkeley; the University of Minnesota; and the University of Southern California. The DOJ press release states that the 10 universities were informed "that the Task Force was aware of allegations that the schools may have failed to protect Jewish students and faculty members from unlawful discrimination, in potential violation of federal law," and that the task force plans "to meet with university leadership, impacted students and staff, local law enforcement, and community members as it gathers information about these incidents and considers whether remedial action is warranted." See Federal Task Force to Combat Antisemitism Announces Visits to 10 College Campuses that Experienced Incidents of Antisemitism, Department of Justice Office of Public Affairs press release, February 29, 2025.
February 3, 2025. Probe of 5 Universities. Department of Education Press Release: U.S. Department of Education Probes Cases of Antisemitism at Five Universities. "The schools are: Columbia University; Northwestern University; Portland State University; The University of California, Berkeley; The University of Minnesota, Twin Cities."

General Summary of Executive Order 14118

Section 2 - General Policy

Section 2 of EO 14188 describes a general policy of the administration "to combat anti-Semitism vigorously, using all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence."

Section 1 - Reaffirmation of Executive Order 13899 of December 11, 2019

Section 1 of EO 14188 "reaffirms Executive Order 13899 and directs additional measures to advance the policy thereof in the wake of the Hamas terrorist attacks of October 7, 2023, against the people of Israel."

Section 1 also cites a December 18, 2024 U.S. House of Representatives Staff Report on Antisemitism in its description of "an unprecedented wave of vile anti-Semitic discrimination, vandalism, and violence against our citizens, especially in our schools and on our campuses."

The rest of the order focuses on measures connected to institutions of higher education.

Section 3 - Specific Measures Impacting Institutions of Higher Education

Section 3 of EO 14188 sets forth the following "additional measures to combat campus anti-semitism":

"(a)  Within 60 days of the date of this order, the head of each executive department or agency (agency) shall submit a report to the President, through the Assistant to the President for Domestic Policy, identifying all civil and criminal authorities or actions within the jurisdiction of that agency, beyond those already implemented under Executive Order 13899, that might be used to curb or combat anti-Semitism, and containing an inventory and analysis of all pending administrative complaints, as of the date of the report, against or involving institutions of higher education alleging civil-rights violations related to or arising from post-October 7, 2023, campus anti-Semitism."

(b)  The report submitted by the Attorney General under this section shall additionally include an inventory and an analysis of all court cases, as of the date of the report, against or involving institutions of higher education alleging civil-rights violations related to or arising from post-October 7, 2023, campus anti-Semitism and indicate whether the Attorney General intends to or has taken any action with respect to such matters, including filing statements of interest or intervention.

(c)  The Attorney General is encouraged to employ appropriate civil-rights enforcement authorities, such as 18 U.S.C. 241, to combat anti-Semitism.

(d)  The report submitted by the Secretary of Education under this section shall additionally include an inventory and an analysis of all Title VI complaints and administrative actions, including in K-12 education, related to anti-Semitism - pending or resolved after October 7, 2023 - within the Department’s Office for Civil Rights.

(e)  In addition to identifying relevant authorities to curb or combat anti-Semitism generally required by this section, the Secretary of State, the Secretary of Education, and the Secretary of Homeland Security, in consultation with each other, shall include in their reports recommendations for familiarizing institutions of higher education with the grounds for inadmissibility under 8 U.S.C. 1182(a)(3) so that such institutions may monitor for and report activities by alien students and staff relevant to those grounds and for ensuring that such reports about aliens lead, as appropriate and consistent with applicable law, to investigations and, if warranted, actions to remove such aliens."

Some Questions and Responses

What is EO 13899 that this EO 14188 reaffirms?

Executive Order 13899 of December 11, 2019, Combating Anti-Semitism, issued during the first Trump administration, sought to "enforce Title VI against prohibited forms of discrimination rooted in anti-Semitism as vigorously as against all other forms of discrimination prohibited by Title VI." This prior executive order noted:

"Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq., prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving Federal financial assistance. While Title VI does not cover discrimination based on religion, individuals who face discrimination on the basis of race, color, or national origin do not lose protection under Title VI for also being a member of a group that shares common religious practices. Discrimination against Jews may give rise to a Title VI violation when the discrimination is based on an individual's race, color, or national origin."

EO 13899 also directed federal agencies to consider the International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism when enforcing civil rights laws and assessing discrimination claims.

What must agencies do under EO 14188, and when?

All executive departments and agencies must within 60 days of January 29, 2025 submit reports to the President through the Assistant to the President for Domestic Policy, that:
- Identify civil and criminal authorities or actions that can be used to combat anti-Semitism.
- Provide an inventory and analysis of all pending administrative complaints "against or involving institutions of higher education alleging civil-rights violations related to or arising from post-October 7, 2023, campus anti-Semitism."
Department of Justice (DOJ) / Attorney General must in addition include in its report:
- An inventory and analysis of all court cases involving institutions of higher education related to post-October 7, 2023, campus anti-Semitism.
- Indicate whether DOJ intends to take action, including filing statements of interest or interventions.
- Utilize civil rights enforcement authorities (e.g., 18 U.S.C. 241) to address anti-Semitic harassment and violence.
- Note: In a February 3, 2025 press release, the Department of Justice announced the formation of "a multi-agency Task Force to Combat Anti-Semitism," pursuant to Executive Order 14188. According to the press release, the "Task Force's first priority will be to root out anti-Semitic harassment in schools and on college campuses... In addition to the Department of Justice, the Task Force will include representatives from the U.S. Department of Education, U.S. Department of Health and Human Services, and other agencies as it develops. The Task Force will be coordinated through the Department's Civil Rights Division."
Department of Education (DOE) / Secretary of Education must in addition include in its report:
- Submit a report detailing Title VI complaints and administrative actions (pending or resolved since October 7, 2023) related to anti-Semitism.
- Ensure enforcement actions are consistent with the broader objectives of EO 14188.
Department of Homeland Security (DHS), Department of Education (DOE), and Department of State (DOS) must in addition consult with each other to develop and include in their reports recommendations for higher education institutions on:
- Familiarizing institutions with inadmissibility grounds under 8 U.S.C. 1182(a)(3).
- Monitoring and reporting activities by noncitizen students and staff relevant to those grounds.
- Ensuring that reported cases lead to investigations and possible removal actions, consistent with the law.

What obligations, if any, might higher education institutions have regarding the monitoring and reporting of international students and staff under EO 14188?

Section 3(e) of the executive order requires the Secretaries of State, Education, and Homeland Security, "in consultation with each other," to include in their reports to the White House (due within 60 days) "recommendations for familiarizing institutions of higher education with the grounds for inadmissibility under 8 U.S.C. 1182(a)(3) so that such institutions may monitor for and report activities by alien students and staff relevant to those grounds ..."

8 U.S.C. 1182(a)(3) lists the "Security and related grounds" of inadmissibility to the United States, including terrorist activity at 8 U.S.C. 1182(a)(3)(B).

We do not know what the eventual recommendations might be, or what the Administration will expect from educational institutions in terms of "monitoring and reporting" activities by "alien students and staff" relevant to the grounds of inadmissibility.

What is the statutory authority that might affect international students and scholars?

The fact sheet that accompanies this executive order states that: "Now, President Trump has promised that the Federal Government will... Deport Hamas Sympathizers and Revoke Student Visas," quoting the President as having said: “To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you. I will also quickly cancel the student visas of all Hamas sympathizers on college campuses, which have been infested with radicalism like never before.” Having said that, this language is not repeated in the executive order itself.

A number of statutory provisions in the Immigration and Naturalization Act (INA) might serve as a basis for excluding someone from entering the United States (inadmissibility) or deporting them from the United States (removability) based on ideological grounds, including:

Assertions of anything terrorism related
- 8 U.S.C. 1182(a)(3) lists the "Security and related grounds" of inadmissibility to the United States, including terrorist activity at 8 U.S.C. 1182(a)(3)(B). 8 USC 1182(a)(3)(B)(i)(VII) renders inadmissible to the United States an “alien” (noncitizen) who “endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization.” This is a ground of inadmissibility under the Immigration and Nationality Act (INA), which means they can prevent someone from entering the U.S. under that provision. But even if they’re in the United States, 8 USC 1227(a)(4)(B) refers back to the above-referenced 8 USC 1182(a)(3)(B)(i)(VII) ground of inadmissibility and makes deportable “Any alien who is described in subparagraph (B) or (F) of section 1182(a)(3).” And so, an individual who is described under 8 USC 1182(a)(3)(B)(i)(VII) may be found to be deportable under 8 USC 1227(a)(4)(B).
- For background on the types of laws relevant to inadmissibility and removability determinations due to the Immigration and Nationality Act's terrorism-related provisions see NAFSA's page Terrorism-Related Provisions Cited in 2023 State Attorneys General Letter.
The nebulous issue of visa revocation while in the U.S.
- INA 237(a)(1)(B); 8 USC 1227(a)(1)(B), provides:"Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i), is deportable." The problem here is that INA 221(i); 8 USC 1201(i) gives DOS enormous discretion to revoke visas, stating: “the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation. Notice of such revocation shall be communicated to the Attorney General, and such revocation shall invalidate the visa or other documentation from the date of issuance.”
- Note that on March 9, 2025, Secretary Rubio posted this message on X (Twitter): "We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported" The X post links to the March 9, 2025 AP article, Immigration agents arrest Palestinian activist who helped lead Columbia University protests, Jake Offenhartz, Associated Press, March 9, 2025.
- For background on visa revocation as a basis for exclusion or removal from the United States see NAFSA's Visa Revocations Basics page.
Exclusion of aliens whose entry the President deems "detrimental to the interest of the U.S."
- INA 212(f); 8 USC 1182(f) grants a President broad power to suspend or impose restrictions, "by proclamation," on the entry of "aliens" (the INA defines alien as "any person not a citizen or national of the United States") when he or she finds that such entry "would be detrimental to the interests of the United States." For additional background on INA 212(f) see NAFSA's page Presidential Authority to Suspend Entry of Noncitizens Under INA 212(f)/8 USC 1182(f).
Exclusion and removal of aliens whose presence/activities the Secretary of State believes have "potentially serious adverse foreign policy consequences"
- INA 212(a)(3)(C)/8 USC 1182(a)(3)(C) authorizes the Secretary of State to exclude an individual "whose entry or proposed activities in the United States the Secretary... has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States."
- INA 237(a)(4)(C)/8 USC 1227(a)(4)(C) provides that: "An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable."

How can institutions assess potential legal risks related to their international students and scholars under the Immigration and Nationality Act?

If U.S. Immigration and Customs Enforcement (ICE) does eventually take action against individuals by initiating removal proceedings along the lines of what the 2023 State AG letter recommended, it is not yet known what kind of assistance or involvement ICE might expect from the universities where these students/scholars are currently studying/working, and institutions should also consider what might the affected students/scholars expect from their university.

This could dovetail with the rescission of the "protected areas" enforcement policy (see DHS Rescinds Biden "Protected Areas" Enforcement Policy) that makes it easier for ICE to conduct enforcement actions in formerly protected areas like colleges and universities.

Assessing whether an individual’s specific actions could trigger any of these complicated laws must be done on a case-by-case basis by an experienced attorney. Weighing liability under one or more of these laws against First Amendment rights of free speech also warrants close examination by a lawyer or lawyers well-versed in both immigration and constitutional law.

What else can institutions consider now?

Institutions of higher education can confer internally with general/legal counsel, campus security, offices that deal with complaints filed with the U.S. Department of Education's Office for Civil Rights (OCR), and other internal stakeholders to:

Assess whether your university has been involved in any "administrative complaint," "court case," "Title VI complaint and administrative actions" that might be included in one or more agency's report submitted under EO 14188.
Review the grounds of inadmissibility and removal that the Administration wants you to be familiar with under EO 14188, and
Review how the Department of Justice might employ "civil-rights enforcement authorities, such as 18 U.S.C. 241, to combat anti-Semitism."
Develop campus policies on how to respond to any of the issues raised by EO 14188.

Other Resources

FAQs on Executive Order: Additional Measures to Combat Anti-Semitism. FAQ. February 6, 2025. Developed by the Presidents' Alliance on Higher Education and Immigration.

Immigration enforcement on campus. FAQ. February 6, 2025. Developed by the Presidents' Alliance on Higher Education and Immigration in collaboration with Cornell Law School Immigration Law and Advocacy Program and Penn State Dickinson Law Center Clinic for Immigrant Rights.