President Donald Trump planned to sign an executive order Wednesday that would effectively reclassify Judaism as both a race or nationality and a religion under federal law so that the Education Department can take direct action against what he views as anti-Semitism on college campuses, administration officials said Tuesday.
The reclassification allows for the Education Department to, under Title VI of the Civil Rights Act of 1964, withhold funding from college or educational programs it believes are discriminating in an anti-Semitic way. The law states that the Education Department can take such action against a program that discriminates based "on the ground of race, color, or national origin" — but not based on religion.
The order comes largely in response to the Boycott, Divestment and Sanctions movement against the Israeli government for its treatment of Palestinians. The movement has become prominent on some campuses and resulted in actions that have left some Jewish students feeling targeted. In making the change, the Trump administration would be recognizing Jews as having a collective national origin.
Trump "will be signing an executive order on anti-Semitism to enshrine the definition from the International Holocaust Remembrance Alliance of anti-Semitism into an executive order, and clarify that Title VI of the 1964 Civil Rights Act applies to anti-Semitic acts," a senior administration official told reporters Tuesday.
"The Domestic Policy Council began to focus on this issue in the late winter-spring of this year, when we were alarmed, frankly, at a rise in anti-Semitic rhetoric, including, unfortunately, from leading political figures," the official continued. "We looked at the data and we saw that there's been a rise in anti-Semitic incidents since 2013, and we began a policy process to figure out, specifically, what we could do on the subject."
The International Holocaust Remembrance Alliance defines anti-Semitism as "a certain perception of Jews, which may be expressed as hatred toward Jews," though "criticism of Israel similar to that leveled against any other country cannot be regarded as anti-Semitic."
The definition also includes "denying the Jewish people their right to self-determination," which lists "claiming that the existence of a State of Israel is a racist endeavor" among such denials.
Trump's order mirrors bipartisan legislation that stalled out in Congress, though critics have said the change could be used to stifle free speech and opposition to Israel's government.
As The New York Times reported, the executive order was welcomed by the Anti-Defamation League and criticized by the U.S. Campaign for Palestinian Rights.
"If President Trump truly wanted to address the scourge of anti-Semitism he helped to create, he would accept responsibility for his role emboldening white nationalism, perpetuating anti-Semitic conspiracy theories, and repeating stereotypes that have led to violence targeting Jews," Halie Soifer, executive director of the Jewish Democratic Council of America, said in a statement. "Instead, President Trump continues to view Israel and anti-Semitism solely through a political lens, which he attempts to use to his political advantage."
The liberal Jewish advocacy group J Street also criticized the order.
"This executive order, like the stalled congressional legislation it is based on, appears designed less to combat anti-Semitism than to have a chilling effect on free speech and to crack down on campus critics of Israel," J Street President Jeremy Ben-Ami said in a statement. "J Street is committed to fighting all forms of anti-Semitism — and we feel it is misguided and harmful for the White House to unilaterally declare a broad range of nonviolent campus criticism of Israel to be anti-Semitic, especially at a time when the prime driver of anti-Semitism in this country is the xenophobic, white nationalist far-right."
The Republican Jewish Coalition praised the order, with its national chairman, former Sen. Norm Coleman, R-Minn., calling the change a "truly historic and important moment for Jewish Americans."
"President Trump has extended to Jewish students very strong, meaningful legal protection from anti-Semitic discrimination," he said. "Sadly, every day, Jewish students on college campuses face outrageous attacks on their Jewish identity and beliefs. The rapid increase in such incidents in recent years is of great concern."
Trump has positioned himself as staunchly pro-Israel throughout his presidency, moving the U.S. Embassy to Jerusalem, recognizing the Golan Heights as Israeli and lambasting progressive Democratic lawmakers critical of the Israel and U.S. support for it.
The president has also been accused of perpetuating anti-Semitic tropes and emboldening white supremacists. He came under criticism this weekend for comments he made in Florida to the Israeli American Council, in which he said Jews had no choice but to support him in the face of Sen. Elizabeth Warren's proposed wealth tax on Americans whose net worth exceeds $50 million.
"A lot of you are in the real estate business because I know you very well. You're brutal killers, not nice people at all," he said. "But you have to vote for me, you have no choice."
"You're not going to vote for the wealth tax. ... Even if you don't like me, some of you don't. Some of you, I don't like at all actually. And you're going to be my biggest supporters because you'd be out of business in about 15 minutes if they get it."
The remarks drew cheers from the conservative-leaning crowd, but were met with condemnation from some Jewish groups.
Trump's signing comes ahead of a pair of Hanukkah receptions at the White House later in the day.