What is EO 13899 that this EO 14188 reaffirms?

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."

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 are the grounds for inadmissibility under 8 U.S.C. 1182(a)(3), and how might they 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.

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). 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.

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.