Executive Order: Restoring the Death Penalty and Protecting Public Safety

Date Issued: Jan. 20, 2025

Executive Summary

This executive order directs the U.S. attorney general to pursue the death penalty for capital crimes and encourages state attorneys general and district attorneys to pursue capital punishment when applicable. The attorney general is also instructed to pursue federal jurisdiction and seek the death penalty regardless of other factors for every federal capital crime involving the murder of a law enforcement officer or a capital crime committed by an alien illegally present in the U.S. It also seeks to limit any hindrances to capital punishment by seeking the overruling of U.S. Supreme Court precedents that limit capital punishment authority.

Policy Actions

• Advises the attorney general to pursue the death penalty for all crimes of a severity demanding its use, with special attention to crimes involving the murder of law enforcement or capital crimes committed by individuals illegally present in the U.S.
• Directs the attorney general to evaluate the places of imprisonment and conditions of confinement for the 37 murderers whose federal death sentences were commuted by former President Joe Biden and determine whether these offenders can be charged with state capital crimes.
• Orders the attorney general to ensure that each state that allows for capital punishment has a sufficient supply of lethal injection drugs for executions.
• Instructs the attorney general to seek the reversal of any Supreme Court decisions that limit federal and state authority to impose capital punishment.
• Directs the attorney general to take actions to dismantle transnational criminal activity in the U.S. and encourage state attorneys general and district attorneys to adopt the same policies and practices.

Trump's 2025 Executive Orders: Updates and Summaries

Holland & Knight's Public Policy & Regulation Group is reviewing President Trump's 2025 Executive Orders and other actions. To read all Executive Order Updates and Summaries, visit our landing page.