President Trump issued an executive order to combat anti-Semitism on January 29 that pushes higher education institutions to actively monitor and report international students engaged in activities perceived as anti-Semitic or supportive of terrorism. With the backdrop of heated pro-Palestinian protests on campuses in response to the Israeli war on Palestinians in Gaza , this move has raised critical questions about its implications for free speech, privacy rights and institutional responsibilities.

The executive order, formally titled “Additional Measures to Combat Anti-Semitism”, directs federal agencies, including the Department of Education and Department of Justice, to guide universities in combating anti-Semitism. A key provision calls on universities to “monitor for and report activities by alien students and staff”, particularly those aligned with “pro-Hamas” or “pro-jihadist” views. The order states that those found guilty could face revocation of their student visas and deportation.

Trump’s statement accompanying the order emphasized its purpose as protecting Jewish students from a perceived rise in discrimination and hostility.

“I will also quickly cancel the student visas of all Hamas sympathizers on college campuses, which have been infested with radicalism like never before,” Trump said.

The administration has cited 8 U.S.C. 1182(a)(3), a statute defining the grounds of ineligibility for non-citizens linked to terrorism, as a legal basis.

Critics say new directive targets peaceful pro-Palestinian protesters

Critics, however, argue that the order’s language is dangerously vague and could unfairly target peaceful advocates of Palestinian rights under the guise of combating anti-Semitism. Advocacy groups like the Foundation for Individual Rights and Expression (FIRE) have raised concerns about ideological deportation, ABC News reports.

The Israeli war on Gaza, which began on October 7, 2023, led to widespread protests and counter-protests on college campuses last spring, ranging from peaceful demonstrations to more confrontational disturbances.

Universities have implemented various measures to address these tensions. Columbia and UCLA have created task forces to monitor demonstrations. Surveillance tools, including cameras and private investigators, have been employed to track protesters’ activities, the New York Times reports.

Some institutions have suspended or expelled students involved in disruptive protests, while others have collaborated with law enforcement for arrests under trespassing and public disturbance laws. Colleges have also revised disciplinary policies to address hate speech and harassment. Balancing free expression with ensuring student safety remains a delicate challenge.

Pro-Palestinian protesters at Columbia University. File photo

Are colleges required to comply with Trump’s executive order?

The executive order on anti-Semitism has created uncertainty about whether universities are legally required to follow its provisions. Experts argue that while the order signals federal priorities, it does not impose legal obligations on institutions.

Darryl Li, a legal scholar at the University of Chicago, told ABC News that colleges and universities are, “not under a legal obligation to spy on their students and to report their students to the government. They need not, and they should not, cooperate with this executive order.”

Some universities have issued cautious responses, emphasizing their commitment to fostering free speech and protecting privacy.

“We are evaluating the order to understand the potential impacts on our community,” Columbia University’s administration stated, according to the Columbia Spectator.

Ultimately, compliance decisions may vary by institution, influenced by their interpretations of the legal risks and political pressures involved.

Order could curb First Amendment rights and campus activism

One of the most contentious aspects of the executive order is its potential impact on the First Amendment rights of international students, who are particularly vulnerable due to their visa status. While U.S. citizens enjoy robust protections for free speech, non-citizens such as international students operate under a different legal framework.

Experts like Nadine Strossen of FIRE highlight that the Constitution’s protections do not necessarily shield international students from penalties like visa revocation or deportation.

“Congress has broad, unchecked plenary powers in determining who can be admitted or stay in the country,” Strossen told ABC News.

Therefore, while expressing pro-Palestinian views may be constitutionally protected for citizens, the same activities could render international students “inadmissible” or subject them to removal proceedings.

This unequal footing has led to fears of a chilling effect among international students, who might refrain from participating in protests to avoid jeopardizing their status. Student advocates have condemned the order, arguing that it weaponizes immigration laws to suppress dissent. Radhika Sainath, a staff attorney with Palestine Legal, described the executive order as “McCarthyist and authoritarian”, adding that it disproportionately harms first-generation and underprivileged students.

Beyond its immediate effects, Trump’s executive order signals a broader shift in how university protests and free speech are managed. Critics worry it could set a dangerous precedent for curbing activism on college campuses, particularly when dissenting views clash with government policies. Others point to the possibility of this directive being used as a template in future administrations to suppress other forms of speech, depending on political priorities.

Furthermore, the order’s focus on anti-Semitism raises important questions about defining and combating discrimination. While anti-Semitism on college campuses is a genuine concern, as seen in the increase in hate crimes targeting Jewish individuals, critics stress that measures to address it should not come at the cost of marginalizing other groups or stifling legitimate political discourse.

– By Robin Hattersley, published first at campussafetymagazine.com. Edited for style