President Donald Trump’s administration has drafted an executive order that would challenge individual states’ ability to enact regulations governing artificial intelligence, according to a person familiar with the matter.
The order is the latest salvo in a long-simmering battle in AI policy, with disagreements about the magnitude of risks from the technology and how to best respond.
The draft order would direct Attorney General Pam Bondi to create a task force charged with targeting state AI legislation. The task force would argue that state AI measures violate the federal government’s sole authority to regulate commerce between states, among other grounds for challenging the laws.
It is unclear if the draft order, whose existence was first reported by The Information, will be signed by Trump, or how seriously it is under consideration.
The White House did not return a request for comment.
Advocates of a federal-first approach to AI regulation, like Sen. Ted Cruz, R-Texas, and several prominent Silicon Valley investors, argue that a ban on state-by-state laws is necessary to avoid an unwieldy patchwork of legislation that would harm American AI companies, particularly startups.
Proponents of state regulation argue that federal efforts to govern AI are moving far too slowly, and that some regulation is required given critical emerging issues related to the technology. Many advocates of state regulation say they would prefer federal regulation, but that a less-than-ideal piecemeal approach is preferable to lackluster action at the federal level.
The Center for Democracy and Technology, a digital rights nonprofit that has received some funding from tech companies, quickly put out a statement criticizing the proposed order.
“The President cannot preempt state laws through an executive order, full stop,” said Travis Hall, the group’s director for state engagement. “Preemption is a question for Congress, which they have considered and rejected, and should continue to reject.”
In July, the Senate voted 99-1 to reject Cruz’s effort to include a several-year moratorium on state AI legislation in the Big Beautiful Bill.
On Tuesday, Trump shared his support for congressional action to prevent individual state AI regulation, writing on Truth Social, “We MUST have one Federal Standard instead of a patchwork of 50 State Regulatory Regimes.”
Hours before Trump’s Truth Social post, Rep. Steve Scalise, R-La., announced he would attempt to add language effectively banning state AI regulation into the National Defense Authorization Act.
As part of the U.S.-Saudi Investment Forum on Wednesday, Trump reiterated his criticism of states’ attempts to regulate AI.
“You can’t go through 50 states. You have to get one approval. 50 states is a disaster because you have one woke state, and you have to do all woke,” Trump said, referring to the idea that an AI company operating in all states would opt to follow the standards of the state with the most stringent laws for compliance purposes.
