No Political Enemies Act
Sponsored By: Representative Crow, Jason [D-CO-6]
Introduced
Summary
Stops federal political targeting by banning enforcement actions substantially motivated by protected political speech or participation. It lays out who is covered and builds legal tools to block and remedy government actions that punish dissent.
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- People and organizations targeted: Domestic entities, U.S. citizens, lawful permanent residents, and people present in the United States can seek injunctive or equitable relief when enforcement actions are substantially motivated by protected speech, including challenges to tax investigations or revocations.
- Federal officials and agencies: The law covers executive branch officers, the President, the Vice President, and independent agency employees. It bars them from initiating or directing enforcement claims substantially motivated by protected speech and forbids obligating or spending federal funds for such actions.
- Courts and oversight: It creates an affirmative defense, allows expedited discovery and in camera review, and requires the government to prove by clear and convincing evidence it acted for non-speech reasons. Failure can lead to dismissal, damages, limited immunity, uncapped attorney fee awards, quarterly reports to Judiciary Committees, and immediate notification within 3 business days for certain prosecutorial orders.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Damages and attorney fee awards
If enacted, you could get money damages when a covered federal official knowingly started or directed an action substantially motivated by your protected speech and your constitutional rights were violated. The bill would largely remove official immunity to allow such suits. Courts could also order the United States to pay reasonable attorneys' fees and costs when a party substantially prevailed, including in some criminal dismissals or acquittals. The bill would limit U.S. indemnification of officials except in narrow cases.
Ban on politically motivated enforcement
If enacted, the bill would prohibit covered federal officials from initiating or directing investigations, enforcement, or regulatory actions against you if substantially motivated by your protected speech or intended to punish it. The rule would focus on official motive and would not apply to actions against federal officers acting in their official capacities.
New court tools to stop targeting
If enacted, you would be able to assert an affirmative defense when a federal enforcement claim was substantially motivated by your protected speech. Courts would have to order expedited discovery about government motives and could review privileged materials in camera. The Government would need to prove by clear and convincing evidence that non-speech grounds justified the action. You could also sue in federal court to stop agency spending on speech-motivated actions, and courts could block tax assessments or tax-exempt revocations tied to such motivation.
Who is covered and what counts
If enacted, the bill would define who may bring claims and what counts as political targeting. "Covered person" would include U.S. citizens and nationals, lawful permanent residents, and any individual or domestic entity present in the United States or its territories. "Domestic entity" would include entities formed under U.S. or state law, including U.S. branches abroad. "Protected speech" would mean all constitutionally protected speech, and "substantially motivated" would mean speech was a motivating factor even if not the only reason.
Sponsors & CoSponsors
Sponsor
Crow, Jason [D-CO-6]
CO • D
Cosponsors
Rep. Houlahan, Chrissy [D-PA-6]
PA • D
Sponsored 1/14/2026
Rep. Frost, Maxwell [D-FL-10]
FL • D
Sponsored 1/14/2026
Rep. Ocasio-Cortez, Alexandria [D-NY-14]
NY • D
Sponsored 1/14/2026
Rep. Casar, Greg [D-TX-35]
TX • D
Sponsored 1/14/2026
Rep. Pocan, Mark [D-WI-2]
WI • D
Sponsored 1/14/2026
Rep. Goldman, Daniel S. [D-NY-10]
NY • D
Sponsored 1/14/2026
Rep. Simon, Lateefah [D-CA-12]
CA • D
Sponsored 1/14/2026
Rep. Craig, Angie [D-MN-2]
MN • D
Sponsored 1/14/2026
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 1/14/2026
Rep. Thanedar, Shri [D-MI-13]
MI • D
Sponsored 1/14/2026
Rep. Min, Dave [D-CA-47]
CA • D
Sponsored 9/4/2026
Roll Call Votes
No roll call votes available for this bill.
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