Protections Cover Race, Color, National Origin Only

Title VI of the 1964 Civil Rights Act does not prohibit discrimination based on “race, ethnicity, religion, or national origin,” as stated. It prohibits discrimination based only on race, color, or national origin. The Department of Education is incorrect to state that Muslims and Palestinians are protected, unless the discrimination is based on race, color, or national origin.

However, because of Executive Order 13899 by Trump in 2019, Title VI was made to include antisemitism. There was opposition to this order because it conflates political criticism of Israel with antisemitism, potentially stifling free speech and advocacy for Palestinian rights, which was addressed by Congress before the order was finally worded. Interestingly, the order does not define Judaism as a race, color, or nationality. The definition of “antisemitism” used in the order was given by the International Holocaust Remembrance Alliance (IHRA).

Additionally, the Antisemitism Awareness Act, which was passed by the House of Representatives in May 2024, aims to broaden, enforce, and legislate even more prohibitions of antisemitism as a Title VI violation. All of this effort uses the IHRA definition of antisemitism, with intense pressure on Congress to enact it.