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U.S. President Donald Trump has enacted an executive order aimed at addressing antisemitism, which includes provisions to deport non-citizen college students involved in pro-Palestinian protests. The announcement signifies a response to the recent escalation of tensions following the October 7, 2023, attack by Hamas on Israel.
The fact sheet released alongside the order indicates that the U.S. Justice Department is expected to undertake “immediate action” against acts considered as threats, including terroristic threats, vandalism, and violence against Jewish individuals in the U.S. The order describes this move as essential to combat what it identifies as a significant rise in antisemitic incidents both on campuses and in public spaces.
“Attention to resident aliens participating in pro-jihadist protests: by 2025, we will locate and deport you,” Trump stated in the fact sheet, emphasizing a strict approach to those he perceives as supporting violence.
Furthermore, Trump pledged to swiftly revoke student visas from any individuals deemed sympathetic to Hamas, mentioning that college campuses are experiencing unprecedented levels of radicalism, aligning with his broader campaign promises for 2024.
Legal Experts Raise Concerns Over Constitutionality
Legal experts and civil rights organizations have voiced strong opposition to the order, suggesting it infringes upon constitutional rights to free speech. Carrie DeCell, a senior staff attorney at the Knight First Amendment Institute at Columbia University, asserted, “The First Amendment protects everyone in the United States, including foreign citizens studying at American universities. Deporting non-citizens based on their political expressions would be unconstitutional.”
The Council on American-Islamic Relations indicated it might pursue legal action should the order be enacted, reflecting the concern among many in the community regarding the limits placed on political expression.
The context for this order stems from the aftermath of the Hamas attacks and the Israeli military counters that led to widespread pro-Palestinian demonstrations across U.S. college campuses. Civil rights groups have documented an increase in hate crimes aimed at Jews, Muslims, and Arabs, further complicating the social landscape during these protests.
The order mandates that federal agencies provide the White House with a comprehensive overview within 60 days regarding all potential legal avenues for combatting antisemitism. This includes a review of court cases related to K-12 schools and colleges, particularly focusing on alleged civil rights violations during pro-Palestinian protests, which could entail measures to remove non-citizen students and staff.
Many protesters associated with pro-Palestinian demonstrations have asserted that their actions do not support Hamas or antisemitism, but are instead focused on opposing military actions in Gaza, a situation that has reportedly led to significant civilian casualties, with health authorities estimating over 47,000 deaths.
Maya Berry, the executive director of the Arab American Institute, expressed grave concern over the implications of conflating criticism of Israel with antisemitism, warning that such conflation could severely undermine free speech across the United States.
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