Homeland Security Eases Up on Criminal Probes for Rule Breakers
Published Date: 6/18/2025
Notice
Summary
Starting May 9, 2025, the government is dialing back on using criminal charges for certain rule-breaking, especially when no intent is involved. This change mainly affects people and businesses dealing with federal regulations, making enforcement fairer and less harsh. The Department of Homeland Security will follow new guidelines to focus on smarter, less criminal enforcement—saving time and money for everyone.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Less criminal enforcement of regulations
Starting May 9, 2025, the Federal government is disfavoring the use of criminal charges for enforcement of criminal regulatory offenses, and the Department of Homeland Security will follow new guidance to rely less on criminal prosecution for regulatory rule-breaking. You (or your business) may face fewer criminal referrals for routine regulatory violations as DHS implements this plan.
Strict liability offenses less likely prosecuted
The guidance says criminal enforcement is especially disfavored for strict liability regulatory offenses—those that do not require proof of intent. Beginning May 9, 2025, DHS plans to avoid criminal referrals in cases that involve no intent when enforcing federal regulatory rules.
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Key Dates
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