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EO 14294: "Fighting Overcriminalization in Federal Regulations"

  1. Original Date Announced

    May 9, 2025

    Executive Order 14294 addresses the excessive number of federal regulations that impose criminal penalties. The order discourages the use of criminal enforcement for regulatory violations, especially strict-liability offenses that require no intent, and directs agencies to prioritize civil or administrative remedies where appropriate. Agencies must publish annual public reports listing their criminal regulatory offenses, along with applicable penalties and intent standards, to improve transparency and accountability. Any future regulations carrying criminal consequences must clearly state the criminal conduct, required mental state, and authorizing statutes.

    The order explicitly exempts immigration laws and national security-related regulations from its provisions, allowing criminal enforcement in those areas to continue without change.

    Trump 2.0 [ID #1823]

    EO 14294: Fighting Overcriminalization in Federal Regulations
  2. Effective Date

    May 9, 2025
  3. Subsequent Trump and Court Action

    June 18, 2025

    2025.06.18: DHS - Guidance on Referrals for Potential Criminal Regulatory Enforcement

    The Department of Homeland Security (DHS) issued a Notice detailing its general criminal-enforcement policy pursuant to EO 14924. When DHS is deciding whether to refer alleged violations of criminal regulatory offenses to the Department of Justice (DOJ), officers and employees of DHS will consider: the harm or risk of harm caused by the alleged offense; the potential gain to the defendant that could result from the offense; whether the defendant held specialized knowledge, expertise, or was licensed in an industry related to the rule or regulation at issue; any available evidence of the defendant's general awareness of their conduct's unlawfulness and their knowledge of the regulation at issue; and any other appropriate factors.

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