31 Fall 2024 critical, it is its implementation that would be most consequential.26 Implementation started immediately, with some agencies having deadlines already in May 2023. Successful implementation depended on each federal agency meeting its assigned deadlines. The Interagency Policy Committee (IPC) has regular check-ins for agencies to present updates and ensure that implementation is on track. The initial goal was for all federal agency actions to be completed by May 2024. The brutal Hamas terrorist attack on October 7, 202327 immediately became an unprecedented test for the National Strategy.28 In the weeks following October 7, the deadliest day for Jews since the Holocaust, antisemitism in the U.S. increased almost 400%.29 For the majority of American Jews, the terrorist attacks made them feel less safe as a Jewish person in the U.S.30 The strategy had to adjust and take the post-10/7 reality into account. Many deadlines were postponed. A major communications element after October 7 was added. Several agencies, like the Department of Education, not only opened more investigations into allegations of antisemitism, but also increased communication and transparency with the public.31 One of the biggest tests to successfully implement the legal and operational aspects of the National Strategy would be in a postOctober 7 America. Key Legal and Operational Aspects It is important to understand what the National Strategy can and cannot legally do. The strategy can (and does) reaffirm the constitutional rights of Jews – and all Americans – to practice their religion freely and safely.32 It calls on federal agencies, consistent with civil rights laws prohibiting antisemitic discrimination, to increase resources and focus on antisemitism within their remit.33 On the other hand, the strategy clearly states that it cannot supersede, modify, or direct either an interpretation of any existing federal, state, or local statute, regulation, or policy or the requirements of the Federal, state, or local agencies that enforce them, including not restricting any rights otherwise protected by the First Amendment to the U.S. Constitution. It must be implemented consistently and in accordance with applicable law, subject to the availability of appropriations. Because it does not constitute binding guidance for the public, states, localities, or federal agencies, the strategy cannot require compliance with the principles and actions it describes.34 Working within these parameters, the National Strategy does provide a framework for enforcing laws, supporting 26. The content of this footnote has been removed for brevity. Available at IJL website: https://bit.ly/Huffnagle 27. On October 7, 2023, 1,200 Israelis – men, women, and children – were murdered by Hamas terrorists. Hundreds of innocent civilians were taken hostage. 28. The content of this footnote has been removed for brevity. Available at IJL website: https://bit.ly/Huffnagle 29. ADL Press Release, “ADL Records Dramatic Increase in U.S. Antisemitic Incidents Following Oct. 7 Hamas Massacre,” ANTI-DEFAMATION LEAGUE (Oct. 24, 2023), available at https://www.adl.org/resources/press-release/ adl-records-dramatic-increase-us-antisemitic-incidentsfollowing-oct-7 30. “The State of Antisemitism in America 2023: AJC's Survey of American Jews,” http://www.ajc.org/ AntisemitismReport2023/AmericanJews 31. Andrew Lapin, “Department of Education increases transparency around Title VI discrimination investigations post-Oct. 7,” JEWISH TELEGRAPHIC AGENCY (March 20, 2024), available at https://www. jta.org/2024/03/20/united-states/department-of-educationincreases-transparency-around-title-vi-discriminationinvestigations-post-oct-7. The Department of Education released additional guidance in May 2024, a boiling point for many campuses facing protests and encampments, with the American public mixed on the use of police force to respond. Press Release, “U.S. Department of Education’s Office for Civil Rights Reminds Schools of Their Legal Obligation to Address Discrimination Based on Shared Ancestry and Ethnic Characteristics,” UNITED STATES DEPARTMENT OF EDUCATION (May 7, 2024), available at https://www. ed.gov/news/press-releases/us-department-educationsoffice-civil-rights-reminds-schools-their-legal-obligationaddress-discrimination-based-shared-ancestry-and-ethniccharacteristics 32. Supra note 1, at 10 (“Now, again, we must recall our historic national obligation to ensure people of all faiths and traditions are free to practice their faith and live their cultural identities without fear of persecution”). 33. Id., at 54-55. 34. Id., at 4. 35. Civil society organizations are working in partnership with many federal agencies to operationalize the National Strategy. See generally “AJC’s Guides for America on Countering Antisemitism,” AMERICAN JEWISH COMMITTEE, available at https://www.ajc.org/guides victims, and implementing operational measures.35 These legal and operational efforts include, but are not limited to, the following eight categories:
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