Selective non-enforcement
Selective non-enforcement is the refusal to enforce duly enacted law against favored individuals, industries, or politically aligned actors. Concrete forms include the issuance of internal directives suspending enforcement of specific statutes, the failure to investigate clear violations that would implicate allies, and the use of prosecutorial discretion as a de facto repeal of laws the executive disfavors but Congress has not changed. Prioritizing enforcement resources is legitimate; selective non-enforcement is what happens when the priority is set by political alignment rather than by the kinds of legitimate factors — public safety, evidentiary strength, resource constraints — that prosecutorial guidelines recognize.
Documented entries (11)
2026
The Advocate reported EEOC investigators were directed to halt all transgender workplace discrimination investigations, defying Bostock ruling
On June 26, 2026, The Advocate published a documented EEOC investigator's written confirmation that the agency had been directed to halt all investigations into transgender workplace discrimination. The investigator told complainant Flint Del Sol—an educator whose Title VII case had been open for nearly three years—that the agency was "not permitted to conduct/continue any investigation regarding transgender cases, and that is coming from the chain of command." The directive applies to all such cases and conflicts directly with the Supreme Court's Bostock v. Clayton County ruling (2020), which held that Title VII covers discrimination based on gender identity.
DOJ dismantles federal election-integrity safeguards ahead of 2026 midterms
Reporting published June 8, 2026 details that the Justice Department has not taken its customary steps to protect the 2026 election: it fired most lawyers in its Public Integrity Section, left the Election Crimes Branch director post unfilled, canceled election-integrity training for prosecutors and FBI agents, deleted a 281-page guide to prosecuting election offenses, and has not stood up the usual Election Day "command center" to monitor voter intimidation and disinformation. Enforcement now falls to the 93 local U.S. attorney offices, which former prosecutors warn lack the specialized expertise the dismantled units provided.
Democratic AGs' deputies turned away from Vance's White House anti-fraud roundtable
On May 26, 2026, Vice President JD Vance — who leads the Trump administration's anti-fraud effort — convened a White House roundtable on government-program fraud attended by Republican state attorneys general. Two dozen Democratic attorneys general had declined the invitation, citing less than one business day's notice and no agenda, and instead sent senior deputies; officials representing New York, California, New Jersey, and (per AG Letitia James) Minnesota, Massachusetts, Maryland, and Nevada said they were turned away at the door. Vance stated on camera that representatives from Connecticut and Oregon were present and that fighting fraud "should not be a partisan effort," even as the excluded Democratic offices held a press conference calling the event a political stunt.
DOJ order bars IRS from auditing Trump, his family, and their businesses for prior tax returns
On May 19, 2026, the U.S. Department of Justice filed a one-page order, signed by Acting Attorney General Todd Blanche and not co-signed by the IRS, declaring the federal government "forever barred and precluded" from pursuing tax examinations of President Donald Trump, his relatives, trusts, and businesses for returns filed before the underlying settlement's effective date. The order expanded the previously announced $1.776 billion "Anti-Weaponization Fund" settlement — under which Trump and his adult sons dropped a $10 billion lawsuit against the IRS — and effectively forecloses a long-running audit that, per earlier reporting, could have produced an IRS bill exceeding $100 million. The DOJ later said the bar applies only to existing audits, not to returns Trump files in the future.
Colorado Gov. Polis commutes Tina Peters' election-tampering sentence after Trump pressure campaign
On May 15, 2026, Colorado Gov. Jared Polis commuted the nine-year prison sentence of former Mesa County Clerk Tina Peters, convicted in 2024 of tampering with the county's election equipment, ordering her release on parole June 1, 2026 -- roughly halving her sentence. The commutation followed a months-long public pressure campaign by President Donald Trump that combined personal insults of Polis ("Scumbag Governor"), threats to federal disaster aid and federal program placements in Colorado, and repeated demands on Truth Social to "FREE TINA!" Peters's conviction was a state offense and so sat outside Trump's federal pardon power; clemency could come only from Polis.
DOJ implements $68M Colony Ridge settlement without court approval after judge rejects deal
At an April 10, 2026 hearing in Houston, U.S. District Judge Alfred H. Bennett refused to approve the Justice Department's proposed $68 million settlement with land developer Colony Ridge — sued in 2023 for deceiving tens of thousands of Hispanic buyers into predatory high-interest loans — because it contained no compensation for victims while earmarking more than $20 million for policing and immigration enforcement. When Bennett offered revisions to win his approval, DOJ refused, dismissed the case with prejudice, and implemented the settlement out of court, leaving no judicial supervision of compliance and extinguishing the victims' claims.
2025
Trump signed fourth consecutive executive order directing DOJ not to enforce PAFACA TikTok divestment law, extending unilateral statutory suspension through December
President Trump signed EO 14350 on September 16, 2025, directing the Department of Justice to take no enforcement action under the Protecting Americans from Foreign Adversary Controlled Applications Act through December 16, 2025 — the fourth consecutive executive order suspending a congressionally enacted, SCOTUS-upheld statute without legislative authorization.
Trump signed EO 14310, third consecutive order directing DOJ not to enforce TikTok divestment law
President Trump signed Executive Order 14310 on June 19, 2025, extending for a third consecutive time the non-enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act, which required ByteDance to divest or cease operating TikTok by January 19, 2025. The order extended the DOJ non-enforcement period to September 17, 2025, retroactively immunized all past non-compliance dating back to the statutory deadline, and declared state-level enforcement of the law an encroachment on executive power.
Trump signed EO 14258, second order directing DOJ not to enforce TikTok divestment law
President Trump signed Executive Order 14258, "Extending the TikTok Enforcement Delay," on April 4, 2025, directing the Department of Justice not to enforce the Protecting Americans from Foreign Adversary Controlled Applications Act and extending the non-enforcement period to June 19, 2025. The order also retroactively immunized all past non-compliance dating back to January 19, 2025 — the statutory deadline — barring DOJ from ever taking enforcement action for violations during that period. It was the second consecutive executive order directing non-enforcement of the TikTok divestment statute, following EO 14166 issued on January 20, 2025.
AG Bondi directed DOJ Civil Rights Division to dismiss Title VII disparate-impact enforcement suits against police and fire departments
On February 26, 2025, Attorney General Pam Bondi directed the Department of Justice's Civil Rights Division to dismiss multiple Biden-era lawsuits against police and fire departments accused of discriminatory hiring. The dismissed cases alleged that written aptitude and physical fitness tests produced racially disparate outcomes in violation of Title VII of the Civil Rights Act. Bondi framed the dismissals as ending "DEI quotas," although the underlying lawsuits involved standard disparate-impact enforcement that federal courts have upheld since 1971.
SSA Acting Commissioner Dudek dissolved the Office of Civil Rights and Equal Opportunity, placing 140 employees on administrative leave
On February 25, 2025, the Social Security Administration dissolved its Office of Civil Rights and Equal Opportunity and placed all 140 of its employees on administrative leave. Acting SSA Commissioner Leland Dudek announced the closure, saying it "advances the President's goal to make all of government more efficient," while claiming statutorily required EEO and reasonable-accommodation functions would be moved elsewhere within the agency. SSA also shuttered its Office of Transformation on the same day.