Trump Administration Puts AI Regulation Executive Order on Hold Amid Republican Backlash

Reviewed byNidhi Govil

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The Trump administration has reportedly paused plans for an executive order that would challenge state AI regulations through federal lawsuits and funding threats, following significant opposition from Republican senators and governors who view the move as federal overreach.

Executive Order Put on Hold

The Trump administration has reportedly paused plans for a controversial executive order that would have established federal supremacy over artificial intelligence regulation, according to Reuters

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. The draft order, titled "Eliminating State Law Obstruction of National AI Policy," would have directed Attorney General Pam Bondi to create an "AI Litigation Task Force" with the sole purpose of challenging state AI laws through federal lawsuits

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Source: Market Screener

Source: Market Screener

The proposed executive order would have given the federal government sweeping powers to override state AI regulations, including the authority to withhold Broadband Equity Access and Deployment (BEAD) program funding from states that maintain AI safety laws

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. The task force would have worked alongside White House technology advisors, including Special Advisor for AI and Crypto David Sacks, to identify states allegedly violating federal laws governing free speech and interstate commerce.

Republican Opposition Mounts

The administration's AI regulatory approach has faced unexpected resistance from within Trump's own party. Florida Governor Ron DeSantis characterized the federal preemption plan as "an insult to voters," arguing it would prevent states from protecting against online censorship, predatory applications targeting children, and violations of intellectual property rights

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Senator Josh Hawley, who previously helped defeat a similar measure, criticized the revival of federal AI preemption efforts, writing "Shows what money can do" in response to the proposal's return

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. Arkansas Governor Sarah Huckabee Sanders, Trump's former press secretary, urged the administration to "drop the pre-emption plan now and protect our kids and communities."

Source: PYMNTS

Source: PYMNTS

State Laws Under Scrutiny

The draft executive order specifically targeted recently enacted AI safety legislation in California and Colorado. California's AI safety laws require developers to publish transparency reports about model training and address "catastrophic risk," while Colorado's legislation prevents "algorithmic discrimination"

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. The order argued that such state regulations "require AI models to alter their truthful outputs" and compel developers to report information in ways that allegedly violate First Amendment protections

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Source: Axios

Source: Axios

The administration's 90-day implementation roadmap would have directed the Secretary of Commerce to identify states violating Trump's AI policy directives and research which states might become ineligible for federal broadband funding. The Federal Trade Commission would have been tasked with determining whether state requirements for AI companies to modify algorithms constitute unfair and deceptive practices

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Industry Lobbying Influence

Big Tech trade groups, including Chamber of Progress backed by Andreessen Horowitz, Google, and OpenAI, have actively lobbied against state-level AI regulations, describing them as a "patchwork" approach that hampers innovation

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. A super PAC funded by prominent tech figures recently announced a campaign against New York Assembly member Alex Bores, author of a state AI safety bill.

Build American AI, a group backed by Andreessen Horowitz and an OpenAI co-founder, formed specifically to fight state-led AI legislation. The organization's leader Nathan Leamer visited the White House just hours before Trump announced support for federal AI preemption

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Congressional Alternative Routes

With the executive order on hold, House Republicans are exploring alternative approaches to achieve federal AI preemption. House Majority Leader Steve Scalise indicated Congress is considering attaching a state AI law moratorium to the National Defense Authorization Act (NDAA), a must-pass defense funding bill

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. This strategy follows a failed attempt earlier this year when a similar provision was removed from Trump's budget reconciliation bill by a 99-1 Senate vote.

More than 250 organizations, led by Demand Progress and including Mozilla, SAG-AFTRA, and the Tech Oversight Project, have sent a letter to Congress opposing any state AI law ban

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. Critics argue that without comprehensive federal AI legislation, blocking state regulations would leave much AI activity governed only by older, general-purpose laws and agency guidance.

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