Trump administration speeds up new rules that would make it easier to charge some protesters
WASHINGTON (AP) — The Trump administration is accelerating new rules that would give the agency charged with protecting federal government facilities greater authority to charge people for a broader range of crimes on or off those properties.
The changes establishing the powers of the Federal Protective Service, an agency within the Department of Homeland Security, were put forward in early January under the Biden administration and were scheduled to go into effect on Jan. 1 of next year but went into effect on Wednesday instead. The administration said the rules were previously changed to respond to the “recent increase in violence.”
They come as protests increased in opposition to President Donald Trump’s mass deportation agenda, especially near buildings related to immigration enforcement, such as Immigration and Customs Enforcement offices or facilities.
Activists and many political leaders have accused the Department of Homeland Security of aggressively suppressing peaceful protests and targeting activists trying to hold them accountable. Critics said the new rules could be used to target protesters.
“DHS is using every tool possible to protect the lives of our law enforcement officers as they face an increase in violence and lawlessness across many of our federal facilities,” Deputy Secretary Tricia McLaughlin said in a news release announcing the expedited program. Quoted in a publication Shooting at Dallas ICE facilityIncident that led to the death of two detainees.
The new rules give Federal Protective Service officers the power to arrest and charge people for actions near federal property and include new rules governing unauthorized use of drones and interception of digital networks.
Spencer Reynolds, a former intelligence and counterintelligence attorney at the Department of Homeland Security who now works at the Brennan Center for Justice, a think tank, said Congress gave the Federal Protective Service the ability to operate off federal property and make arrests when necessary. But he is concerned that new regulations governing these powers could be used as a way to target protesters.
“I see this as a guide to go after peaceful protests that are not on or even near federal property,” he said.
In a report published by the Brennan Center last year, Reynolds said FPS rose dramatically after 9/11, leading to “overreach under political pressure.”
The Homeland Security newsletter gave some examples of behavior for which the Federal Protective Service may now charge someone both on and off federal property; these include wearing masks while committing crimes, blocking access to federal property, and tampering with government IT systems such as card readers.
The Federal Protective Service is charged with protecting federal property. The agency was under the U.S. General Services Administration, which was responsible for acquiring and managing federal real estate, but when the Department of Homeland Security was established after 9/11, FPS was transferred to Homeland Security.
The Federal Register notice outlining the new rules says the previous rules applied only to certain properties owned by the General Services Administration, not all of which are protected by the FPS, and do not cover conduct that occurs near a federal building, only that it occurs within the building itself.
