Combating Anti-Semitism

This executive order directs federal agencies enforcing Title VI of the Civil Rights Act to consider the International Holocaust Remembrance Alliance (IHRA) working definition of anti-Semitism and its contemporary examples when investigating discrimination based on race, color, or national origin. It requires agencies to report within 120 days on additional nondiscrimination authorities where the IHRA definition could apply, while explicitly preserving First Amendment protections and existing evidentiary standards.

Federal Register Open PDF 84 FR 68779

Impact dates

Apr 9, 2020
Agency reports on additional nondiscrimination authorities for IHRA definition application

Key directives

All Title VI-enforcing agencies must consider IHRA working definition of anti-Semitism (May 26, 2016) when identifying evidence of discrimination based on race, color, or national origin
Agencies must consider IHRA 'Contemporary Examples of Anti-Semitism' as potential evidence of discriminatory intent
Agencies must not diminish or infringe upon First Amendment or other federally protected rights when applying IHRA materials
Within 120 days, agency heads must submit report to President (through Assistant to President for Domestic Policy) identifying additional nondiscrimination authorities where IHRA definition could be considered

Who is ordered

Timeline

Immediate

Policy declaration that executive branch will enforce Title VI against anti-Semitism vigorously
IHRA definition incorporated into agency guidance for Title VI enforcement

Near term (90d)

Agency reports due within 120 days on additional nondiscrimination authorities where IHRA definition could apply

Long term

Potential expansion of anti-Semitism enforcement beyond Title VI based on agency reports
Ongoing application of IHRA definition in discrimination investigations affecting educational institutions

Risks & tensions

First Amendment tension: Order attempts to address criticism that IHRA definition could chill speech critical of Israel by explicitly protecting First Amendment rights, but application in campus settings may still generate disputes over where anti-Zionism becomes anti-Semitism under Title VI
Vague scope of 'Contemporary Examples': IHRA examples include some speech-related conduct (e.g., 'denying the Jewish people their right to self-determination'); agencies must still meet existing evidentiary requirements, but practical application at universities remains contested
Limited legal change: Title VI already prohibited discrimination against Jews as a national origin group; order reframes enforcement approach rather than creating new legal category—actual impact depends on agency implementation
Expansion possibility: 120-day report could identify authorities beyond Title VI, creating uncertainty about scope of future application