Justice in Public Safety Project

President Trump’s Executive Order on Policing, Explained

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On April 28, 2025, President Trump issued an Executive Order titled, “Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens.” This Executive Order (EO) (1) directs federal resources to promote aggressive policing tactics and further militarize local law enforcement agencies, (2) provides greater protections for law enforcement officers accused of misconduct, and (3) wields threats of possible federal prosecutions for certain activities, including certain “diversity, equity, and inclusion” initiatives.

What does the EO aim to do?

This EO directs the Attorney General, Secretary of Defense, Secretary of Homeland Security and/or heads of other relevant agencies to:

1. Increase aggressive policing and militarization of local law enforcement

Increase the provision of excess military and national security assets in local jurisdictions to assist state and local law enforcement.

Determine “how military and national security assets, training, non-lethal capabilities, and personnel can most effectively be utilized to prevent crime.”

Develop “new best practices” for “state and local law enforcement to aggressively police communities against all crimes.”

2. Make it more difficult to hold officers accountable for misconduct

“[C]reate a mechanism to provide legal resources and indemnification,” including “private-sector pro bono assistance,” to law enforcement officers described as “unjustly incur[ring] expenses and liabilities for actions taken during the performance of their official duties to enforce the law.”

“[S]trengthen and expand legal protections for law enforcement officers.”

“[R]eview all ongoing Federal consent decrees, out-of-court agreements, and post-judgment orders” that involves a State or local law enforcement agency with an eye towards modifying, rescinding or moving to end the orders and agreements that the Administration considers to “unduly impede the performance of law enforcement functions.”

3. Wield the power of prosecution as a threat

“[S]eek enhanced sentences for crimes against law enforcement officers.”

Prioritize federal prosecution of state or local officials who:

“willfully or unlawfully direct the obstruction of criminal law, including by directly and unlawfully prohibiting law enforcement officers from carrying out duties necessary for public safety and law enforcement;” or

“unlawfully engage in discrimination or civil-rights violations under the guise of ‘diversity, equity, and inclusion’ initiatives that restrict law enforcement activity or endanger citizens.”

What are the limits of this EO?

The federal government cannot direct local or state law enforcement agencies.

Some law enforcement leaders may disagree with the ideologies promoted in the EO and will not implement any “new best practices” urged by this administration. However, regardless of ideology, the administration can influence state and local law enforcement agencies through the provision of trainings, technical assistance, and grant funding.

Executive Orders do not create, amend, or change existing law, and this order is no exception.

Some federal grant programs are controlled by Congress, and federal agencies do not have the power to change them.

Some grant programs, however, are discretionary so that federal agencies like the Department of Justice can develop parameters pursuant to the President’s policy agenda for funding disbursements.

DOJ cannot unilaterally end or dismiss “consent decrees” or other court orders.

Some state and local enforcement agencies entered into agreements with DOJ to remedy patterns or practices of constitutional violations or other violations of federal law that are enforced by federal courts, such as consent decrees, or are subject to post-judgement orders following litigation. While DOJ can request to amend or terminate consent decrees, the presiding judge is the ultimate decision-maker. However, out-of-court agreements that are not subject to court oversight do not require court approval before amendment or termination.

Equal opportunity and anti-discrimination obligations are enshrined in the U.S. Constitution and our federal civil rights laws.

The administration has repeatedly spread false claims that diversity, equity, and inclusion activities are discriminatory even though such activities are meant to facilitate and ensure compliance with civil rights and antidiscrimination laws. Courts have overwhelmingly found that diversity, equity, and inclusion programs—if conducted properly—are lawful.

How can this EO harm communities?

Encourages increased arrests and incarceration, even for minor offenses.

The EO urges law enforcement to use aggressive tactics for “all” crimes, thus encouraging ineffective Broken Windows strategies that target minor offenses and lead to disproportionate arrests of Black and Brown people.1Ngozi C. Kamalu and Emmanuel C. Onyeozili, “A Critical Analysis of the ‘Broken Windows’ Policing in New York City and Its Impact: Implications for the Criminal Justice System and the African American Community,” African Journal of Criminology and Justice Studies: Vol. 11: Iss. 1, Article 6.(2018) https://digitalscholarship.tsu.edu/ajcjs/vol11/iss1/6 The EO utilizes the same types of harmful narratives that were used to justify the “War on Crime”2Elizabeth Hinton, From “War on Crime” to War on the Black Community, Boston Review (June 21. 2016)https://www.bostonreview.net/articles/elizabeth-hinton-kerner-commission-crime-commission/. and subsequent “War on Drugs,” which fueled the mass incarceration of Black people and other communities of color.

Increases militarized force and weaponry in protests and warrant executions.

Since congressional authorization in 1990, local law enforcement agencies have had access to excess military equipment through the Department of Defense’s 1033 program, often with little to no oversight. Recent administrations have attempted to impose greater restrictions and implement minimum oversight standards in the provision of military equipment. The EO, however, may reverse this trend and cause previously restricted military equipment to be distributed to local law enforcement without oversight.3In 2017 the Government Accountability Office was able to attain 1033 program equipment that was prohibited from transfer to law enforcement, demonstrating the lack of oversight. See, GAO “DoD Excess Property: Enhanced Controls Needed for Access to Excess Controlled Property” (Jul. 18, 2017) https://www.gao.gov/products/gao-17-532. These types of military equipment are often used by local law enforcement for crowd control tactics during protests and the execution of warrants.

Reduces accountability for misconduct, including constitutional violations, by officers and law enforcement agencies.

The EO makes clear that the Department of Justice will not be a partner in holding law enforcement officers and agencies accountable for unlawful acts that harm individuals and entire communities. It may also be unwilling to criminally prosecute officers that intentionally violate people’s rights under 18 U.S.C. S. 242.

Emboldens law enforcement agencies and officers to push the bounds of their authority.

Prior federal actions to constrain unlawful law enforcement activity have established best practices that other agencies, even those not under investigation, embraced and implemented proactively. Conversely, this EO sends a signal that this administration will protect officers and agencies that engage in aggressive law enforcement practices, thus emboldening law enforcement actors to push the bounds of their authority to do so.

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