JCRB|AJC appreciates and supports the president’s executive order, most of which simply reaffirms earlier efforts by both the Bush and Obama administrations that held that the Department of Education can recognize Jews as an ethnic group, in addition to a religion, in order to receive protections under Title VI of the Civil Rights Act, in which religion is not a protected class. Neither of those past efforts were met with the same controversy that President Trump’s order caused. Anti-Semitism is on a fast-paced rise in both violent attacks and in words and actions.
We see anti-Semitism coming from both the political left and the right, as well as in alarming, dangerous ways in religious extremist movements. It is our responsibility to ensure that Jewish students on campuses across the country do not lose their right to a study in a non-hostile environment because of anti-Semitism that masquerades itself as anti-Zionism. Jewish students should not be harassed, condemned, or accused of “conflicts of interest” for visiting or supporting the state of Israel.
The order directs the Department of Education to consider the IHRA Working Definition of Antisemitism when determining if incidents of harassment or discrimination — potentially in violation of U.S. antidiscrimination law — were motivated by antisemitism. This is actually tamer than the Anti-Semitism Awareness Act of 2019, S. 852, a bill with bipartisan support, that would direct the Department of Education to utilize, not just consider, the Working Definition of Antisemitism.
The Working Definition, which JCRB|AJC supports, was adopted by the State Department in 2016. It is significant in that in addition to more classic examples, it also specifies instances where Israel-related rhetoric crosses the line into anti-Semitism: denying the Jewish right to self-determination, claiming that the state of Israel is a racist endeavor, or comparing Israel to the Nazis.
The executive order only clarifies what the Department of Education has held since 2004 — that some anti-Israel activity could, in theory, be actionable under Title VI. We can simultaneously support this executive order and remain deeply disturbed by President Trump’s words at the Israeli American Council, where he used blatantly anti-Semitic stereotypes.
To be a friend of American Jews, we expect a loud rejection of these types of anti-Semitic tropes — not the promotion of them. Our allies must be committed to denouncing and fighting anti-Semitism from all sources: from anti-Zionism, white nationalism, religious extremism, and from any other utilization of centuries-old stereotypes that have long been used to justify violence against our community.
JCRB|AJC is happy to provide additional materials for further reading on the IHRA Working Definition of Antisemitism, or the bipartisan Anti-Semitism Awareness Act of 2019 (S. 852).
