Trump Administration Limits Enforcement of FACE Act Protections

Mar. 9, 2025, 6:47 am ET

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  • The Trump administration has significantly limited federal enforcement of the Freedom of Access to Clinic Entrances (FACE) Act, which protects reproductive health facilities and providers.
  • Future FACE Act violations will largely be handled by state or local law enforcement, except in extraordinary circumstances or cases with significant aggravating factors.
  • This policy shift has sparked concern among abortion providers and advocates, who fear increased violence and intimidation.

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Quick Brief

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Essential Context

The FACE Act, enacted in 1994, prohibits harming, threatening, or interfering with individuals seeking or providing reproductive health services. However, the Trump administration’s new directive, issued by Justice Department chief of staff Chad Mizelle, restricts federal prosecutors from enforcing the law except in extraordinary cases or those with significant aggravating factors.

Core Players

  • Donald Trump – President Trump
  • Chad Mizelle – Chief of staff to the Attorney General
  • Planned Parenthood Federation of America – Major abortion provider and advocate
  • National Abortion Federation – Association of abortion providers

Key Numbers

  • 25+ cases: Number of FACE Act cases brought by the Justice Department under the Biden administration.
  • 60+: Number of defendants in FACE Act cases during the Biden administration.
  • 100+: Number of crisis pregnancy centers, pro-life organizations, and churches attacked after the Supreme Court overturned Roe v. Wade.
  • 10: Number of anti-abortion activists pardoned by President Trump for violating the FACE Act.

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The Catalyst

The Trump administration’s decision to limit FACE Act enforcement was announced in a memo by Chad Mizelle, citing the previous enforcement as an example of “the weaponization of law enforcement.”

This move follows years of criticism from President Trump and his allies, who argued that the FACE Act was disproportionately enforced against anti-abortion activists during the Biden administration.

Inside Forces

The Justice Department’s new policy reflects a significant shift in how federal law enforcement approaches reproductive health issues. Under the Biden administration, the Justice Department had actively enforced the FACE Act, leading to numerous prosecutions and civil actions against individuals and groups obstructing reproductive health facilities.

President Trump’s administration contends that this previous enforcement was unfair and targeted anti-abortion groups unfairly.

Power Dynamics

The decision highlights the power dynamics at play between federal and state authorities. By relegating most FACE Act enforcement to state or local law enforcement, the federal government is effectively reducing its role in protecting reproductive health providers.

This move is seen as a victory for anti-abortion groups but has raised alarms among abortion providers and advocates.

Outside Impact

The broader implications of this policy change are significant. Abortion providers and advocates fear that reduced federal enforcement will lead to increased violence and intimidation against reproductive health facilities.

Brittany Fonteno, president and CEO of the National Abortion Federation, stated that the move “shows what their true priorities are — and it is to push an anti-abortion political agenda rather than support the lives, health, and well-being of pregnant women and people.”

Future Forces

Looking ahead, the impact of this policy change on reproductive health access and safety is uncertain. It is likely to be a key issue in ongoing political debates about abortion rights and federal vs. state jurisdiction over such matters.

Legislative proposals, such as the Healthcare Providers Safety Act reintroduced by Congresswoman Veronica Escobar, aim to enhance the security and safety of healthcare providers, but their passage is unclear in the current political climate.

Data Points

  • 1994: Year the FACE Act was enacted.
  • 2022: Year the Supreme Court overturned Roe v. Wade.
  • January 2025: Month and year the Trump administration issued the new directive on FACE Act enforcement.
  • 10: Number of anti-abortion activists pardoned by President Trump for FACE Act violations.
  • 100+: Number of crisis pregnancy centers, pro-life organizations, and churches attacked after the Supreme Court’s decision.

The Trump administration’s limits on FACE Act enforcement mark a significant shift in federal policy regarding reproductive health. This change is likely to have far-reaching implications for the safety and accessibility of reproductive health services across the United States.