Executive Order
#14188 — Additional Measures to Combat Anti-Semitism (January 29, 2025)
Highlights
Links campus antisemitism enforcement to visa oversight.
Key Compliance/Risk Cue
Grant loss if deemed lax; OCR investigations. For instance, Columbia University reportedly had $400 million in federal grants revoked due to alleged failures in addressing antisemitism on campus. The Department of Education's Office for Civil Rights has initiated investigations into multiple universities and most recently demanded that the President of Univ. of Virginia stepdown, and who did step down on June 27, 2025. Some of plaintiffs' arguments include that EO 14161 and EO 14188 criminalize or deport international students and scholars based on protected First Amendment activities (e.g., pro-Palestinian protests). Plaintiffs argue visa revocation and deportation procedures based on political viewpoints violate free speech, equal protection, due process, and are vague and overbroad; status is nationwide TRO has been sought to block enforcement of both EOs against plaintiffs..
Litigation Snapshot
Harvard v. HHS
D. Mass. No. 1:25-cv-11048 (Funding freeze alleged to coerce “viewpoint-diversity” policies at Harvard); Status: Gov’t & Harvard cross-moved for summary judgment (motions filed 6 Jun 2025); argument set 21 Jul 2025. In September 2025, the Court granted a stay of the funding freeze.
AAUP – Harvard Faculty Chapter v. DOJ
D. Mass. No. 1:25-cv-10910 (EO 14188–based threats of visa revocation targeting faculty speech); Status: Complaint filed 11 Apr 2025; discovery just beginning.
AAUP v. DOJ (Columbia)
S.D.N.Y. No. 1:25-cv-02429 (Sudden cancellation of ≈ $400 million in Columbia research grants); Status: On 16 Jun 2025 the judge dismissed the case for lack of standing and Plaintiffs plan to appeal.
American-Arab ADC et al v. Trump
N.D.N.Y. No. 3:25-cv-00335 (EOs 14161 & 14188 allegedly criminalize/deport students for protected speech); Status: Amended complaint & renewed TRO filed 28 Mar 2025; briefing on preliminary injunction ongoing.