Trump’s New Executive Order on Criminal Regulations

President Donald Trump recently issued an executive order that, while not grabbing headlines, carries significant implications. It doesn’t tackle hot-button issues like anti-Christian discrimination or gender recognition directly. Instead, it opens up a pathway for individuals to be charged with crimes they may not even know exist.

On May 9, 2025, Trump signed the order titled “Fighting Excessive Criminalization in Federal Regulations.” This initiative sets a deadline of one year for federal agencies to compile a comprehensive list of all criminally regulated offenses that the Department of Justice can enforce. An annual report is expected.

So why is this a big deal? Surprisingly, there isn’t a clear count of how many distinct criminal offenses exist within federal regulations. One can unknowingly violate the law, and intent is not a necessary factor. There’s no need for a guilty mind, which can make it easier for prosecutors to go after individuals. This can lead to prosecutions based on vague or obscure regulations.

Consider the ongoing tension between ranchers in Nevada and federal authorities regarding land disputes. In one case, President Biden’s administration has pursued charges against fifth-generation ranchers over a small 25-acre land issue. Regulatory burdens have reached staggering levels, as reported in 2024.

However, it’s essential to note that this order doesn’t mean individuals can act without consequence under the excuse of ignorance. The executive order does highlight that agencies must factor in the potential harm caused by regulatory violations. Consequently, Americans may find themselves under the shadow of uncertainty about what regulations they might be unknowingly breaking.