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Has Trump expanded liability protections for police officers? No legislation passed yet
Police walk along as people march during Illinois Coalition for Immigrant & Refugee Rights' "Chicago Says No Trump No Troops" protest Sept. 6, 2025, in Chicago. (AP)
During his 2024 presidential campaign, Donald Trump promised to increase liability protections for police officers.
Once in office, Trump issued an April executive order directing the attorney general to provide legal support for law enforcement officers facing expenses and liabilities for their actions while performing official duties. This included "the use of private-sector pro bono assistance."
The legal doctrine of "qualified immunity" protects police officers and other government officials from being held liable for actions performed in the course of their duties, but it's not all-encompassing. Although members of Congress have filed legislation both expanding and ending qualified immunity, none of the legislation has made it far during Trump's second term.
"The president does not have authority to make changes to qualified immunity on his own; this would take an act of Congress or changes in how the judicial branch interprets the standards for rejecting or granting qualified immunity claims," University of St. Thomas School of Law professor Rachel Moran told PolitiFact in an email.
Before the executive order, the Trump administration struck deals with nine private law firms to provide a collective $940 million in pro bono assistance. It's unclear how much of this has been used in cases involving law enforcement officers; the White House did not respond to our question about that.
A 2014 study found that police officers are nearly always indemnified, meaning that, in almost all cases, governments paid for settlements and judgments in lawsuits against law enforcement officers for civil rights violations. Police unions also provide legal services to members accused of wrongdoing.
When asked for comment, a Justice Department spokesperson said the agency supports officers by cutting red tape and going after wasteful spending.
Republicans are expected to file a crime bill in 2026 in response to Trump's 2025 call to enhance protections for police officers.
"I'm also asking for a new crime bill getting tough on repeat offenders while enhancing protections for America's police officers so they can do their jobs without fear of their lives being totally destroyed," he said in his March 2025 address to Congress.
In broader actions related to police accountability, the Trump administration:
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Announced that it is ending consent decrees — agreements that hold jurisdictions accountable for reform under federal oversight — for multiple police departments. Judges have the final say in ending these agreements.
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Eliminated the Biden administration's police misconduct database, which kept track of officers with disciplinary records.
Trump promised to increase liability protections for police officers, but no legislation has passed to expand immunity for law enforcement officers. We'll keep watching, but for now we rate this promise Stalled.
Our Sources
Donald Trump website, Agenda47: President Trump Announces Plan to End Crime and Restore Law and Order, Feb. 20, 2023
White House, Strengthening and Unleashing America's Law Enforcement to Pursue Criminals and Protect Innocent Citizens, April 28, 2025
PolitiFact, As he seeks immunity, Donald Trump uses flawed logic to compare presidents, police officers, Jan. 23, 2024
PBS, Read the full text of Trump's speech to a joint session of Congress, March 5, 2025
Bloomberg Law, In Trump's $940 Million Deals With Firms, the Jury Is Still Out, Aug. 15, 2025
New York University Law Review, Joanna C. Schwartz, Police Indemnification, June 2014
The Marshall Project, Trump's New Order on Policing Seems Sweeping. But What Will It Really Change?, April 29, 2025
Vera Institute of Justice, What is Trump's Comprehensive Crime Bill and How Can Lawmakers Deliver Real Solutions for Safety Instead?, Dec. 5, 2025
The Guardian, The US cities left behind as Trump ends key police accountability reforms, July 25, 2025
Vera Institute of Justice, Everything You Need to Know about Consent Decrees, Aug. 30, 2023
Lawfare, Trump Moved to Dismiss Police Consent Decrees—How Can Judges Respond?, June 24, 2025
Congress.gov, Trump Administration Deactivates the National Law Enforcement Accountability Database, Feb. 26, 2025
Email interview, Rachel Moran, University of St. Thomas School of Law professor, Feb. 23, 2026
Emailed statement from a Justice Department spokesperson, Feb. 19, 2026
Emailed statement from the White House, Feb. 19, 2026