Statement highlights stark contrast between Virginia’s enforcement of anti-Semitism protections and New York City Mayor Zohran Mamdani’s rollback of IHRA-based safeguards, urging incoming Virginia administration to do better than New York Washington, D.C. (January 5, 2026) – Today, Kenneth L. Marcus, chairman and CEO of The Louis D. Brandeis Center for Human Rights Under Law, former Assistant Secretary for Civil Rights at the United States Department of Education under two administrations, and author of the 2015 book, The Definition of Anti-Semitism, strongly commended Attorney General Miyares for reminding Virginia’s public K-12 schools of the need to utilize the International Holocaust Remembrance Alliance’s (IHRA) definition of anti-Semitism, even as other jurisdictions – most notably, New York City – move in the opposite direction. This supplements previous guidance that Governor Youngkin’s administration had provided to higher education institutions regarding the use of the IHRA working definition by colleges and universities. “Anti-Semitism in Virginia public schools has become a major national issue in recent months, as we’ve seen with the opening of a congressional investigation into Fairfax County public schools, where there have been multiple high-profile issues surrounding anti-Semitic activity. Schools have a legal obligation to promptly and effectively address anti-Semitic discrimination. As the country continues to face unprecedented rates of anti-Semitic threats and incidents, state leaders must choose whether to strengthen or weaken the tools needed to protect Jewish students. We are proud to stand alongside Attorney General Miyares as he illuminates the federal and Virginia test to find anti-Semitic motive: the Civil Rights Act of 1964 and the Virginia Human Rights Act demand that institutions follow the bipartisan standard of using the IHRA definition to identify instances of anti-Semitic conduct. As attacks against Jewish communities continue to rise, compliance with both Virginia law and federal law will be critical in order to protect our communities. This definition is the gold standard across the globe, already embraced by over 1,000 entities, countries, and U.S. states, including Virginia in Chapter 471 of the Acts of Assembly of 2023. Governor Youngkin’s administration created the model language needed for K-12 schools and institutions of higher education to do their part. And as outlined in the Attorney General’s letter, the IHRA Working Definition is essential to compliance with Title VI of the Civil Rights Act, which is consistent with the Brandeis Center’s recent Miyares-approved settlement with Northern Virginia’s Nysmith School to adopt the IHRA and in my own work to make George Mason University the first Virginia public university to adopt the definition. “Although AG Miyares’ letter and Governor Youngkin’s models are critical steps to addressing anti-Semitism and holding those who perpetrate this hatred accountable, the steps are not permanent. That reality was underscored in New York City, where Mayor Mamdani rescinded critical anti-Semitism protections, demonstrating how easily executive actions can be undone by the incoming administration and how quickly Jewish communities can be left exposed. Virginia’s own administration will undergo a shift in just two weeks. “To this new administration and to Governor-elect Spanberger: Virginia must not follow New York City’s example. We call on you to follow the lead of Presidents Obama, Trump, and Biden, whose administrations similarly embraced the IHRA Working Definition of Anti-Semitism. By requiring schools to abide by the same IHRA definition of anti-Semitism – a definition that the last four presidential administrations embraced – Virginia is modeling what responsible governance and leadership looks like. Federal, state and local legislators on both sides of the aisle must create a unified front against anti-Semitism in the places that most urgently demand it. Our moral compass, and the law, requires nothing less.” For two decades, Marcus has played a key role in the codification of the IHRA definition of anti-Semitism. While Director at the Civil Rights Commission, Marcus and his team were the first U.S. federal agency to embrace the IHRA’s predecessor, the EUMC version of the International Working Definition. Marcus has repeatedly advocated that a proper definition of anti-Semitism is critical to equip law enforcement and local, state, and federal officials with the tools to identify and combat anti-Semitism. Under Marcus’s leadership, the Louis D. Brandeis Center for Human Rights Under Law agreed to a historic settlement with Harvard University to address growing and dangerous anti-Semitism on its campus. As part of the settlement, Harvard agreed to apply the IHRA definition to university non-discrimination and anti-bullying policies, recognize the centrality of Zionism to Jewish identity, and explicitly state that targeting Jews and Zionists constitutes a violation of school rules. Other schools, such as Pomona College and Occidental College, have also settled complaints with similar concrete measures including adopting the IHRA definition. Through these actions, Marcus and the Brandeis Center continue to advocate for the widespread adoption of the IHRA Working Definition as a critical tool in combating anti-Semitism in educational institutions on state, federal and international levels.