On Wednesday, President Trump signed an executive order directing federal agencies, including the State and Education Departments, to take action against antisemitic harassment on college campuses. The order calls for universities to "report activities by alien students and staff" that could be construed as antisemitic or supportive of terrorism. In effect, this directive could lead to investigations or deportations of noncitizen students and faculty members engaged in pro-Palestinian activism.
The Legal and Policy Concerns
This order comes in response to increasing scrutiny over how universities handle antisemitism and protests following the October 7 Hamas attack on Israel. Many institutions have already taken steps, including hiring private investigators, installing surveillance cameras, and revising discipline policies. Some, like NYU, have updated anti-discrimination policies to categorize some criticism of Israel as antisemitic.
However, the executive order raises significant concerns about constitutional rights, including freedom of speech and due process. While the government has the authority to regulate immigration, selectively targeting international students based on political expression creates a chilling effect on free speech.
As Amy Spitalnick, CEO of the Jewish Council for Public Affairs, noted, “Everyone in the United States has basic due process rights, and when we start applying them selectively, we don't only threaten our values, we ultimately threaten our safety, too.”
International Students at Risk
International students have expressed anxiety over the broad language of the order. A UCLA student on a visa, who participated in pro-Palestinian protests, said she fears being targeted and is considering leaving the U.S. rather than pursuing further studies. Other cases, such as that of a British Ph.D. student at Cornell who faced suspension over his activism, illustrate how visa holders could be caught in the crosshairs of the new policy.
The order appears to build on a December 2024 House committee report that suggested foreign students should have their visas revoked if they “advocate for the elimination of Israel and attacks on Jewish individuals.” However, the Biden administration declined to take such measures at the time, citing legal limitations.
Implications for Universities
In addition to potential deportations, universities will likely face increased pressure to monitor and report student activism. Institutions like Harvard and Columbia, which have already disciplined students for protest-related activities, may now feel compelled to expand these efforts further.
Colleges are now grappling with the challenge of balancing anti-discrimination policies with protecting freedom of speech. The line between antisemitism and political criticism of Israel remains hotly debated, with some definitions—including one adopted by Harvard and NYU—labeling certain critiques of Israel as inherently antisemitic.
What Comes Next?
As enforcement details emerge, universities, advocacy groups, and legal experts will likely challenge aspects of the order. Civil liberties organizations may argue that it unfairly singles out international students and infringes on First Amendment rights.
For international students engaged in activism, the risks are higher than ever. Visa holders should be aware that participating in protests—especially those deemed controversial—could have immigration consequences. Consulting with an immigration attorney before engaging in activism is more important than ever.
Saluja Law will continue to monitor the implementation of this executive order and provide updates on how it affects international students, university policies, and the broader legal landscape.