The Trump administration is looking at securing federal oversight of Columbia University through a court-approved consent decree to ensure that the Ivy League school complies with the White House’s directive to address campus antisemitism.
Administration officials are planning to pursue a legally binding consent decree lasting years that would make a federal judge responsible for ensuring that Columbia changes its campus policies to adequately discipline antisemitic harassment perpetrated by anti-Israel protesters. The Wall Street Journal first reported on the consent decree approach, and the New York Times confirmed it with its own sources.
Under a consent decree, a judge could hold Columbia in contempt of court if it doesn’t hold up its end of the deal. The university must voluntarily agree to enter a consent decree with the federal government if one is to take effect. However, a lawsuit must first be filed by either party before a consent decree can materialize.
Such an agreement is typically reserved for police departments that have a track record of violating civil rights or engaging in misconduct. The Biden administration made this type of legal arrangement with Brown University and Rutgers University to settle civil rights complaints related to antisemitism.
The Department of Justice declined to comment on the consent decree approach.
Columbia did not address the possibility of joining a consent decree, but a university spokesperson said the higher education institution “remains in active dialogue with the federal government to restore its critical research funding.”
The reported development comes as Columbia continues to negotiate the reinstatement of its federal funding. Last month, the Trump administration’s joint antisemitism task force pulled more than $400 million in federal grants and contracts from the New York university over its failure to confront antisemitism.
Education Secretary Linda McMahon previously said Columbia is “on the right track” to restore the $400 million in funds canceled by the Trump administration. But if the White House is displeased with Columbia’s actions, more funding could be withdrawn.
McMahon’s statement of approval came days after Columbia agreed to an initial set of demands, including a new supervisor to helm its Middle Eastern studies program and a campus-wide ban on masks used for the purpose of concealing one’s identity. A consent decree would make sure those changes last for years.
Following Hamas’s October 7 attack on Israel, Columbia became a hotbed for anti-Israel protests and encampments. Some student protesters — most notably Mahmoud Khalil, who is embroiled in a legal battle over his possible deportation — have been targeted by the federal government for their vitriolic hatred toward Israel and sympathetic support for Hamas.