President Trump Issues Executive Order on Antisemitism

Order Prioritizes Further Investigations, Potential Intervention in Private Litigation, and Calls into Question Biden Administration’s Resolution of Civil Rights Complaints Alleging Antisemitism

On January 29, 2025, President Trump issued an executive order (the Antisemitism EO) entitled “Additional Measures to Combat Anti-Semitism.” This new executive order builds on an order that the President signed during his first term—Executive Order 13899 (EO 13899)—that required federal agencies to consider the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism and IHRA’s accompanying examples when enforcing Title VI of the Civil Rights Act of 1964 (Title VI).

The Antisemitism EO states that it is intended to address the “barrage of discrimination” that Jewish students have faced “in our schools and on our campuses” since October 7, 2023, such as “denial of access to campus common areas and facilities, including libraries and classrooms; and intimidation, harassment, and physical threats and assault.” Further, though President Biden did not rescind EO 13899, the Antisemitism EO criticizes the last Administration for “failing” to effectuate its terms and refers to a congressional report finding that the federal government has “fail[ed] to fight anti-Semitism and protect Jewish students.”

In addition to reaffirming EO 13899, the Antisemitism EO directs the following actions to ensure that “all available and appropriate legal tools” are used “to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence”:

• Within 60 days of the Antisemitism EO (March 31, 2025), executive federal agencies must submit reports to the White House identifying all authorities within their jurisdiction that can be used to combat antisemitism.
  • These reports must list all pending administrative complaints involving institutions of higher education alleging civil rights violations related to antisemitism on campus post-October 7, 2023.
  • The report from the Department of Justice must also inventory and analyze all court cases involving institutions of higher education concerning civil rights violations based on antisemitism, including whether the Attorney General intends to take any action with respect to these matters, such as filing statements of interest or intervention.
  • The Department of Education’s report must include all pending and resolved Title VI complaints and administrative actions concerning antisemitism in schools, including K-12 education, post-October 7, 2023.
• The Department of Justice is encouraged to combat antisemitism by employing all appropriate civil rights authorities, such as 18 U.S.C. § 241—a statute that prohibits conspiring to “injure, oppress, threat, or intimidate . . . the free exercise or enjoyment of any” constitutional right.
  
  
• The State Department, Department of Education, and Department of Homeland Security must develop recommendations to: (i) “familiariz[e] institutions of higher education with [certain] grounds for inadmissibility [under the Immigration and Nationality Act (INA)] so that such institutions may monitor and report conduct relevant to these grounds; and (ii) ensure that such reports lead to investigations and, if warranted, actions to remove such aliens.

Notably, pursuant to the referenced provision of the INA (8 U.S.C. § 1182(a)(3)), foreign nationals are ineligible for a visa or admission to the United States based on a wide range of grounds, including “endors[ing]” terrorist activity. The Fact Sheet that the White House released in tandem with the Antisemitism EO suggests that the Administration may attempt to rely on this provision of the INA as a basis to revoke the visas of students who participated in pro-Palestinian protests, whom the Fact Sheet refers to as “Hamas sympathizers.” While institutions of higher education are currently required to provide U.S. Citizenship and Immigration Services certain information that is relevant to student visa determinations, any effort to impose an obligation to investigate students and report on potential grounds of inadmissibility would break new ground and raise legal questions.

This memorandum is a summary for general information and discussion only and may be considered an advertisement for certain purposes. It is not a full analysis of the matters presented, may not be relied upon as legal advice, and does not purport to represent the views of our clients or the Firm. K. Lee Blalack II, an O’Melveny partner licensed to practice law in the District of Columbia, Maryland, and Tennessee; Apalla U. Chopra, an O’Melveny partner licensed to practice law in California; Matthew R. Cowan, an O’Melveny partner licensed to practice law in California; Mia N. Gonzalez, an O’Melveny partner licensed to practice law in New York; Adam Karr, an O’Melveny partner licensed to practice law in California and Utah; Anton Metlitsky, an O’Melveny partner licensed to practice law in the District of Columbia and New York; Pamela A. Miller, an O’Melveny partner licensed to practice law in New York; Steven J. Olson, an O’Melveny partner licensed to practice law in California; Amanda M. Santella, an O’Melveny partner licensed to practice law in the District of Columbia and Maryland; Jennifer B. Sokoler, an O’Melveny partner licensed to practice law in New York; Natasha W. Teleanu, an O’Melveny partner licensed to practice law in New York; Meaghan VerGow, an O’Melveny partner licensed to practice law in the District of Columbia and New York; Kelly Wood, an O’Melveny partner licensed to practice law in California; David Cohen, an O’Melveny counsel licensed to practice law in New York; John J. Lapin, an O’Melveny associate licensed to practice law in the District of Columbia, New York, and Colorado; and Theodora Misthos, an O’Melveny associate licensed to practice law in New York, contributed to the content of this newsletter. The views expressed in this newsletter are the views of the authors except as otherwise noted.

© 2025 O’Melveny & Myers LLP. All Rights Reserved. Portions of this communication may contain attorney advertising. Prior results do not guarantee a similar outcome. Please direct all inquiries regarding New York’s Rules of Professional Conduct to O’Melveny & Myers LLP, 1301 Avenue of the Americas, Suite 1700, New York, NY, 10019, T: +1 212 326 2000.