Notice2025-11238
Guidance on Referrals for Potential Criminal Regulatory Enforcement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 18, 2025
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 116 (Wednesday, June 18, 2025)</title>
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[Federal Register Volume 90, Number 116 (Wednesday, June 18, 2025)]
[Notices]
[Pages 26062-26063]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11238]
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DEPARTMENT OF HOMELAND SECURITY
Guidance on Referrals for Potential Criminal Regulatory
Enforcement
ACTION: Notice.
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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.
DATES: June 18, 2025.
FOR FURTHER INFORMATION CONTACT: Joseph N. Mazzara, Office of the
General Counsel, Department of Homeland Security, 202-447-4318.
SUPPLEMENTARY INFORMATION: On May 9, 2025, the President issued E.O.
14294, Fighting Overcriminalization in Federal Regulations.\1\ The E.O.
sets forth a number of requirements related to enforcement of criminal
regulatory offenses. One such requirement is that each agency must
publish guidance describing the agency's plan to address enforcement of
criminally liable regulatory offenses by June 23, 2025.\2\
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\1\ 90 FR 20363 (May 14, 2025).
\2\ See sec. 7 of E.O. 14294 (requiring issuance of the guidance
45 days from issuance of the E.O.).
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The E.O. does not apply to the enforcement of immigration laws or
regulations promulgated to implement such laws nor shall it apply to
the enforcement of laws or regulations related to national security or
defense.\3\ To the extent that DHS takes any
[[Page 26063]]
criminal enforcement actions not within one of those exemptions, DHS
will apply the policy in this notice to such actions.
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\3\ See sec. 8 of E.O. 14294.
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This notice announces a general criminal enforcement policy. When
DHS is deciding whether to refer alleged violations of criminal
regulatory offenses of DHS regulations to the Department of Justice
(DOJ), officers and employees of the Department will consider, to the
extent consistent with law, the following factors:
<bullet> The harm or risk of harm, pecuniary or otherwise, caused
by the alleged offense;
<bullet> The potential gain to the putative defendant that could
result from the offense;
<bullet> Whether the putative defendant held specialized knowledge,
expertise, or was licensed in an industry related to the rule or
regulation at issue;
<bullet> Evidence, if any is available, of the putative defendant's
general awareness of the unlawfulness of his conduct as well as his
knowledge or lack thereof of the regulation at issue; \4\ and
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\4\ See sec. 7 of E.O. 14294.
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<bullet> Other factors as appropriate.
This general policy was developed following consultation with the
Attorney General. This guidance is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents,
or any other person.
This notice also announces DHS's plan for its forthcoming report
required by section 4 of E.O. 14294. Section 4 requires that DHS post
on its agency's public website and submit a report, created in
consultation with the Attorney General, to the Director of the Office
of Management and Budget (OMB) containing: (1) a list of all criminal
regulatory offenses \5\ enforceable by DHS or DOJ; and (2) for each
such criminal regulatory offense, the range of potential criminal
penalties for a violation and the applicable mens rea standard \6\ for
the criminal regulatory offense. DHS is reviewing its regulations to
compile a list of the criminal regulatory offenses covered by the
reporting requirement and will submit the report to OMB by the May 9,
2026, deadline.
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\5\ Criminal regulatory offense means a Federal regulation that
is enforceable by a criminal penalty. Sec. 3(b) of E.O. 14294.
\6\ Mens rea means the state of mind that by law must be proven
to convict a particular defendant of a particular crime. Sec. 3(c)
of E.O. 14294.
Joseph N. Mazzara,
Acting General Counsel, U.S. Department of Homeland Security.
[FR Doc. 2025-11238 Filed 6-17-25; 8:45 am]
BILLING CODE 9110-9B-P
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</html>Indexed from Federal Register on June 18, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.