© 2025 Palestine Center for Public Policy
This policy brief is driven by the disturbing (and continuous) attacks and targeting of pro-Palestine and anti-genocide advocates following President Trump’s recent fact sheet outlining steps to combat anti-semitism. Pro-Palestine advocacy has been wrongfully labeled as anti-semitic, whereas anti-Muslim hate is disregarded. False labeling of anti-semitism harms and misidentifies real threats to not only Jewish communities, but religious groups overall.
In another development to combat anti-semitism, President Donald Trump’s recent executive order seeks to take steps to combat anti-semitism and use all force, whether constitutional or otherwise, to remove pro-Palestine resident aliens, students on visas, and maintain control of all academic institutions’ curriculum under the guise of punishing “anti-Jewish racism.”
The United States government has taken various steps in the last decade to combat anti-semitism. Their initiatives to combat antisemitism focused on policy, legislation, and public awareness. More notably, The Matthew Shephard and James Byrd, Jr., Hate Crime Prevention Act of 2009 created a new federal law which criminalizes a crime committed against an individual of their actual or perceived race, religion, or national origin. This act created an expanded definition of hate crimes and allows the federal government to investigate and prosecute hate crimes. President Donald Trump’s recent executive order seeks to combat anti-semitism by expanding on his prior executive order 13899.
Recently, the White House published a fact sheet of President Donald Trump’s next steps to combat anti-semitism. The stated goals include “deporting pro-Hamas sympathizers, canceling student visas of Hamas sympathizers, and aggressively prosecuting anti-semitic crimes.” The fact sheet frames Israel’s military actions in Gaza as a response to Hamas’s “attack” on Israel, stating it as the impetus for the broad and vague measures in the executive order.
The document erroneously correlates the rise of “radicalism” on college campuses to the support of Gaza and Palestinian human rights. Both Jewish and Palestinian student groups organized college anti-genocide protests, and the order fails to acknowledge incidences of anti-Muslim and anti-Palestinian violence against students by pro-Israeli extremists. This fact sheet is an expansion of Trump’s Executive Order 13899 which states there have been increases in anti-semitism since 2013.
Executive Order 13899 states the need for the enforcement of Title VI of the Civil Rights Act of 1964 against forms of discrimination rooted in anti-semitism. Additionally, this order incorporates the International Holocaust Remembrance Alliance (IHRA) definition of anti-semitism which states, “anti-semitism is a certain perception of Jews, which may be expressed as hatred towards Jews.” There has been several oppositions from civil liberties groups arguing this definition equates any criticism of Israel and Zionism with anti-semitism. The IHRA definition is not intended to serve as a legal framework, but rather as a tool to target individuals or organizations who criticize Israel or Zionism. The slogans “Free Palestine” and “From the river to the sea” are considered anti-semitic under the IHRA definition. This broader definition is a means to stifle pro-Palestinian advocacy and label any criticism of Israel as a hate crime against Jewish people. This definition provides a shield against any criticism of Israel.
International Holocaust Remembrance Alliance
The IHRA definition of anti-semitism is a “certain perception of Jews, which may be expressed as hatred towards Jews.” The conflation of Judaism and Zionism, assuming all Jews are Zionists, is incorrect. The IHRA definition of anti-semitism promotes this erroneous conflation and aims to delegitimize the fight against the oppression of Palestinians. Many Palestinian and Arab scholars state the fight against anti-semitism should be sought within international law and human rights. All forms of racism, hate crimes, and xenophobia should be fought against without delegitimizing any oppressed groups freedom and emancipation.
The continuous misuse of IHRA’s definition of anti-semitism suppresses non-violent protests and advocacy for Palestinian liberation. Scholars report this definition suppresses criticism of Israeli policies and punishes advocates- as seen throughout the student encampments across college campuses. This restrictive definition should not be adopted by the United States nor the basis of an executive order.
Title VI of The Civil Rights Act of 1964
Title VI prohibits discrimination on the basis of race, color, and national origin. In 2023, the Department of Homeland Security (DHS) clarified the act further prohibits forms of anti-semitism, Islamophobia, and related forms of discrimination. This step was meant for DHS to have more authority to protect the civil rights of all Americans, from various faith-based communities. Protections of Title VI apply to all operations, institutions, and programs who receive federal financial assistance. With that, many colleges that receive federal funding have wrongly punished and suspended students for their constitutionally protected free speech. Columbia University, which is in the top five recipients of federal financial assistance, suspended three of its students for their pro-Palestine protests. The students’ attorney, James Carlson, argued the university “went far out of its way to unjustly punish and silence students.”
Title VI cannot be used to target and punish a specific group for exercising their constitutionally protected free speech.
Hate Crimes Prevention Act of 2009
In force since 2002, The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009 is the first statute allowing federal criminal prosecution of hate crimes. Under this act, it is a federal crime to cause harm or attempt to cause harm because of an individual’s actual or perceived race, color, religion, or national origin. While previous legislation attempts to expand hate crime laws were rejected, it was not until this act that the federal government managed to pass a bill to address hate crimes after the brutal killing of Matthew Shepard and James Byrd. Jr., in 1998. In 2009, the Federal Bureau Investigation (FBI) reported of the 1,575 victims of anti-religious hate crimes, 71.9% were because of anti-Jewish hate. In 2013, the FBI reported 60.3% of religious bias crimes were motivated by “anti-Jewish bias,” and by 2014, the figure dropped to 56.8%. In 2015 the figure further decreased to 52.1%. Anti-Muslim hate crimes have continued to increase each year, with 2001 being the record-breaking year of anti-Muslim hate crimes on record. In 2015, anti-Muslim hate crimes increased by 67% compared to the previous year. During Trump’s first presidential term, hate crimes against Muslims doubled since 2015 and 2016. After October 7th 2023, the Council on American-Islamic Relations (CAIR) reported 3,578 complaints of anti-Muslim and anti-Palestinian hate, a 178% increase compared to 2022. The FBI’s anti-Muslim hate crime data, however, shows stark differences when compared to reports from CAIR and other similar organizations. Neither Biden nor the Trump administration has taken precautions to protect Muslims or pro-Palestine supporters, nor have they created a legal definition for anti-Muslim hate crimes to prosecute individual in the same manner addressed under the current executive order and Executive Order 13899. The political rhetoric during Trump’s first presidency, and expected during his current presidency, will fuel more anti-Muslim hate crimes and bias.
President Trump has ordered the Federal executive departments to report on “all criminal and civil actions” within sixty days of January 29, 2025. Based on the findings, the Department of Justice (DOJ) will investigate and punish students who expressed pro-Palestinian sentiment and solidarity throughout their college campuses. The order further mandates the removal of resident aliens who participated in encampments and demonstrations. Threatening deportation on unsubstantiated ideological tests and participation in anti-genocide protests is deeply troubling and intentionally mischaracterizes these actions as anti-semitic, violent, and jihadist.
The Trump administration also pledges to deport non-citizens and cancel the student visas of “Hamas sympathizers.” However, the First Amendment protects citizens, including foreign students studying in American universities, to express political speech. In May 2024, Al-Jazeera reported a pro-Israel mob at the University of California in Los Angeles (UCLA) attacked a pro-Palestine peaceful encampment, assaulting students with pepper spray, sticks, and stones. The attack became more egregious as a group of pro-Israel supporters laid on top of one student kicking and beating them. Bystanders reported that law enforcement agents stood idly by, without directly intervening, despite hearing screams for help. This abhorrent incident is one of many that blatantly disregarded the necessary protection of pro-Palestine advocates.
In August 2024, Columbia University was subpoenaed by the House Education and Workforce Committee to release all documents related to “anti-semitism,” including the names and disciplinary records of pro-Palestine students, to ensure the protection of Jewish students. While Columbia University officials did not release this information, the Trump administration reopened the inquiry into Columbia University and other colleges. As a result, colleges may face harsher penalties and increased pressure to turn over student records as the Trump administration investigates concerns of rising anti-semitism on college campuses. The methods of how the administration will decide which college is next on their list is unknown. The ramifications will unravel when the DOJ submits their findings on March 30, 2025.
Free speech is a fundamental right and the cornerstone of our Constitution, that President Trump cannot sign away with each executive order that directly (or indirectly) targets pro-Palestine advocates. Conflating anti-Zionism and criticism of Israel to anti-Jewish hate is a smear campaign driven by hatred against Palestinians and pro-Palestine supporters. The recent order ignores reported incidents of anti-Palestinian hate and wrongfully labels those who participated in peaceful anti-genocide protests and encampments as pro-Hamas sympathizers and left-wing radicals.
Civil rights organizations are sounding the alarm to raise awareness and challenge legal legitimacy of President Trump's various executive orders. No race or religion is superior to the next one, and equal protection should be taken for all racial and ethnic groups experiencing hate crimes and bias.
Educate yourselves on constitutionally protected free speech and activities.
Support legal advocacy groups such as CAIR, Pal Legal, and the ACLU, which defend individuals’ First Amendment rights.
Be aware of executive orders, particularly when it comes to expressing political views or engaging in protests.
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