In a significant shift in policy, the newly appointed leadership at the Justice Department has implemented a halt on civil rights litigation and indicated a possibility of reviewing police reform agreements established during the Biden administration. This decision was conveyed through two memos that came to light recently.
One memo specifically instructed attorneys working in the Civil Rights Division to refrain from filing new complaints, amicus briefs, or similar court documents “until further notice.” This directive signals a pause in the ongoing civil rights legal efforts spearheaded by the previous administration.
The second memo required attorneys to inform department leadership about any settlements or consent decrees—court-backed agreements designed to reform police services—that were finalized by the Biden administration in the preceding 90 days. It mentioned that the new administration “may wish to reconsider” these agreements, hinting at the potential dissolution of two particular consent decrees reached during the last weeks of Biden’s term, which concerned the police departments in Louisville, Kentucky, and Minneapolis, Minnesota.
These agreements were established following investigations that revealed civil rights infringements by the police. They are still pending approval from a judge and are part of a broader initiative that included 12 investigations led by the Civil Rights Division under Attorney General Merrick Garland.
Earlier this month, the Minneapolis City Council approved a plan to reform police training and use-of-force protocols, a response to the public outcry following the murder of George Floyd in 2020. Similarly, last month, the Justice Department announced a deal with Louisville aimed at revamping their police force after an inquiry prompted by the fatal shooting of Breonna Taylor and the subsequent treatment of protesters.
These memos, issued by the new chief of staff, Chad Mizelle, indicate a considerable transformation is underway within the Civil Rights Division under the Trump administration. Harmeet Dhillon, a prominent conservative attorney and an unsuccessful candidate for the Republican National Committee chair last year, has been appointed to lead the division.
During his first term in office, Trump’s Justice Department reduced the use of consent decrees, and it is anticipated that the current administration will similarly alter the civil rights priorities within the department. The duration of this “litigation freeze” remains uncertain. The memo stated that this step is essential to ensure “that the federal government speaks with one voice in its view of the law and to guarantee that the President’s appointees or designees have the opportunity to decide whether to initiate new cases.”
