DOJ Civil Division Sets Enforcement Priorities to Advance Administration’s Policy Objectives

Quick Hits

• The DOJ’s Civil Division will use the False Claims Act to pursue entities that receive federal funds but knowingly violate civil rights laws, as part of the DOJ’s Civil Rights Fraud Initiative.
• The Civil Division will prioritize investigations and enforcement actions against entities that make claims for federal funds but knowingly violate federal civil rights laws by participating in or allowing antisemitism, supported by Executive Order 14188.
• The Civil Division will also investigate and take action against entities misleading the public about the long-term side effects of drugs used in gender transitions and pursue False Claims Act violations related to noncovered services for “gender experimentation,” as directed by Executive Orders 14168 and 14187.

The Civil Division is committing “all available resources to pursue affirmative litigation combatting unlawful discriminatory practices in the private sector” to its first priority of “Combatting Discriminatory Practices and Policies.” This is yet another clear indication of the administration’s animus toward diversity, equity, and inclusion programming. It authorizes the use of the False Claims Act for “treble damages and penalties” and the recently announced DOJ Civil Rights Fraud Initiative that will “aggressively investigate” and pursue False Claims Act violations for federal funds recipients that knowingly violate civil rights laws. The Civil Division commits to working with “relators, other whistleblowers, and federal agencies to advance these efforts.”

As its second priority, the Civil Division is committing to “prioritize investigations and enforcement actions against entities that make claims for federal funds but knowingly violate federal civil rights laws by participating in or allowing antisemitism.” The memorandum identifies Executive Order 14188 from February 3, 2025, “Additional Measures to Combat Anti-Semitism,” and the Joint Task Force October 7 as part of the priority of “ending antisemitism.”

The memorandum identifies a third priority of “protecting women and children” and references Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” Executive Order 14187, “Protecting Children from Chemical and Surgical Mutilation,”and a memorandum from Attorney General Bondi from April 22, 2025, titled, “Preventing the Mutilation of American Children.” The Civil Division identified “doctors, hospitals, pharmaceutical companies, and other appropriate entities” for prioritized investigations and will include investigating possible violations of the Food, Drug, and Cosmetic Act and other laws by “pharmaceutical companies” and “online pharmacies” involved in the illegal sale of such drugs.

“Ending Sanctuary Jurisdictions” is the fourth priority of the Civil Division. The memorandum cites various executive orders and Attorney General Bondi’s memorandum, titled, “Sanctuary Jurisdiction Directive,” aimed at ensuring that states and local governments promote the enforcement of U.S. immigration laws. This policy priority commits the Civil Division to identify state and local laws, policies, and practices that appear to facilitate violations of immigration laws and to “prioritize affirmative litigation to invalidate any State or local laws preempted by Federal law.”

The Civil Division’s final priority, “Prioritizing Denaturalization,” describes ten priority categories for the agency to bring cases to revoke the citizenship of a naturalized U.S. citizen who illegally obtained that citizenship through “fraud,” “material misrepresentations,” or concealment of material facts. The agency will focus on individuals who, among others, “pose a potential danger to national security,” are gang members or affiliated with terrorist organizations, committed felonies prior to naturalization, engaged in financial fraud against the United States or private individuals, or engaged in human trafficking or sex offenses. Those ten categories, however, are merely “intended to guide” the Civil Division and do not limit the agency from pursuing any particular case.

Implications for Employers

These policy objectives reflect a shifting approach by the DOJ to enforcing civil rights, combating discrimination, and ensuring legal compliance across various sectors. Employers and other entities may want to note these objectives and take appropriate steps to align their practices with federal laws and regulations.

Ogletree Deakins will continue to monitor developments and will provide updates on the Diversity, Equity, and Inclusion Compliance, Employment Law, Immigration, Government Contracting and Reporting, and Workforce Analytics and Compliance blogs as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ New Administration Resource Hub.

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