As college protests spread over war in Gaza, Senate bill would formalize Education Department's definition of antisemitism

Apr. 25—U.S. Sen. Kirsten E. Gillibrand has joined a bipartisan group of 29 senators to support a bill she says will help address the rise in antisemitism on college campuses.

On Thursday, Gillibrand announced she was introducing the Antisemitism Awareness Act with Sens. Susan Collins, R-Alaska, Josh Hawley, R-Mo., John Fetterman, D-Pa., and others. The bill would formalize a temporary rule in the Department of Education, requiring the agency to use the International Holocaust Remembrance Alliance's definition of antisemitism when investigating violations of federal antidiscrimination laws.

The IHRA defines antisemitism as "a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities," according to the alliance's website.

The alliance gives examples of acts or speech that it considers antisemitic, including calling for the killing of Jewish people, making stereotypical allegations about Jewish people or the conspiracy that the Jewish people collude to control the media, economy or government, accusing Jewish people of bearing responsibility for real or imagined acts undertaken by other Jewish people or the state of Israel, suggesting the Israel is a racist organization, or suggesting that modern Israeli policy is similar to that of the Nazis.

That definition has been adopted formally in a number of European countries, Canada and South American countries. It was adopted in the U.S. in late 2019 by executive order under the Trump administration and has continued under the Biden administration.

But a formal law recognizing the definition across the federal government has not been put into effect, meaning the guidance is largely provisional across federal agencies. The bill introduced by Gillibrand and the other senators on Thursday would only address the Department of Education.

Protests and civil action on college campuses have sharply increased across the country. Students at Columbia University in New York City have set up encampment demonstrations in support of Palestinians in Gaza, as Israel continues to try to crush the Hamas militants who control the region. Israeli drone strikes have leveled neighborhoods and killed thousands in Gaza, in retaliation for the Oct. 7 attack by Hamas militants, who killed about 1,200 Israelis and kidnapped about 240. Reports from around the world indicate there are about 100 Israeli hostages still in Hamas custody.

Palestinian deaths in Gaza, more than 34,000 people as of Wednesday according to the Gaza Health Ministry, have led to protests, encampments and rallies on college campuses, some of which have been met with force and police action to break them up.

Leaders including Gillibrand, New York Gov. Kathleen C. Hochul, U.S. Rep. Elise M. Stefanik, R-Schuylerville, and House Speaker Mike Johnson, R-La., have said these protests are antisemitic, with instances of antisemitic speech and threats of violence that warrant a complete shutdown of the protests.

"In recent years, and especially over the past several months, we have seen a disturbing rise in antisemitism across the country and on our college campuses," Gillibrand said. "This rise is unacceptable, and we must do more to protect our students. The Antisemitism Awareness Act would ensure the Department of Education has the right legal definitions needed to take action against all forms of antisemitism on our college campuses. No student should ever be the victim of antisemitic discrimination, and I am committed to working with my colleagues to get this vital bill passed."