⚖️Guidance on Criminal Regulatory Enforcement Policies by DHS
Guidance on Referrals for Potential Criminal Regulatory Enforcement
Summary
On May 9, 2025, President Trump issued Executive Order (E.O.) 14294 on Fighting Overcriminalization in Federal Regulations to address the use of criminal enforcement of criminal regulatory offenses. The E.O. establishes that enforcement of criminal regulatory offenses (particularly those that are strict liability offenses) is disfavored by the Federal government. This notice describes the Department of Homeland Security's (DHS) plan to address enforcement of criminal regulatory offenses.
Agencies
- Homeland Security Department
Business Impact
$$ - Med
The guidance from DHS indicates a shift in the enforcement of criminal regulatory offenses, which can affect compliance and risk management for businesses. It suggests that DHS will consider various factors, potentially lowering the likelihood of prosecution for first-time or unknowing offenders, impacting businesses operating under DHS regulations.