UPDATED 16:11 EST / NOVEMBER 20 2025

POLICY

Report: Trump could sign executive order to preempt state AI laws

U.S. President Donald Trump could reportedly sign an executive order that would limit states’ ability to regulate artificial intelligence.

Trump may sign the order as soon as Friday, sources told Politico today.

In recent months, California and Oregon have passed AI laws that require model developers to take steps such as disclosing their risk mitigation plans. The executive order being prepared by the White House could reportedly limit such regulatory efforts. The six-page directive, which has reportedly not yet been finalized, is entitled Eliminating State Law Obstruction of National AI Policy.

The order would direct the U.S. Attorney General to establish an AI litigation task force within 30 days. Its members would be responsible for challenging state laws seen as unfavorable to AI developers. The draft order specifies that regulations should be challenged on grounds they “unconstitutionally regulate interstate commerce, are preempted by existing federal regulations, or are otherwise unlawful in the Attorney General’s judgment.”

The task force’s work is expected to be supported by the U.S. Commerce Department. According to The Verge, the department will have 90 days to identify state-level AI regulations that don’t align with the White House’s policy goals. The task force will use those findings to inform its litigation efforts.

The Commerce Department’s role in the regulatory effort would also extend to other areas. In particular, the draft order specifies that the department should withhold certain federal grants from states with AI laws deemed onerous. The grants in question are part of the Broadband Equity, Access and Deployment program, which is designed to support the development of internet infrastructure. 

The Federal Trade Commission and Federal Communications Commission are also set support the regulatory effort. The FTC will be tasked with identifying state-level AI laws that can be preempted by a federal prohibition on “unfair and deceptive acts.” The FCC, in turn, will weigh the adoption of a “federal reporting and disclosure standard for AI models that preempts conflicting state laws.”

The White House will also seek to advance the initiative with new federal AI legislation. Earlier this year, the Senate voted 99-1 against a moratorium that would have banned states from passing new AI laws for 10 years.

Across the pond, the European Union this week also launched an effort to ease AI regulations. Officials have proposed delaying the implementation of new rules focused on high-risk AI systems. Additionally, the EU plans to make it easier for AI companies to access training data.

Photo: Wikimedia Commons

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