DHS Announces Advanced Charging Authority to Address Rioter Violence at Federal Buildings, Protecting Law Enforcement and Taxpayer Property

The accelerated effective date of the regulation titled Protection of Federal Property will address a recent surge in violence at federal facilities

WASHINGTON – Today, the Department of Homeland Security (DHS) and Federal Protective Services (FPS) announced the accelerated implementation of the Regulations Governing Conduct on Federal Property. The new regulations provide FPS charging authority to correlate with DHS 40 U.S.C. §1315 enforcement authority and are an essential tool in addressing the recent surge in violence at DHS facilities.   

The new regulations, 6 C.F.R. Part 139, initially scheduled to take effect January 1, 2026, will instead go into effect November 5, 2025 to address a recent surge in security and public safety threats. Additionally, FPS has provided recommended updated collateral fee schedules to allow U.S. District Courts to set fines to reflect the serious nature of the prohibited conduct. A violation of 6 C.F.R. Part 139 is a Class C misdemeanor, punishable up to 30 days in jail, a fine up to $5000, or both. 

Key Highlights: 

• Expanded Charging Authority: FPS now has enhanced charging authority to address violations occurring both on and off property to the extent it affects federal property and the persons thereon.
• Modernized Prohibited Conduct: Regulates the unauthorized use of unmanned aircraft systems (drones), tampering with digital networks, and other security risks at and near federal facilities.
• Additional Prohibited Conduct: Adds additional charges for conduct affecting the safety, security, and orderly government functions on federal property.
• Clearer Public Notice: Standardized notices governing conduct will be posted at federal facilities.
• Collaboration with Stakeholders: The regulation emphasizes cooperation among federal tenants, security personnel, and local law enforcement. 

Examples of the violations, which may be charged both on and off federal property:  

• Disorderly conduct;
• Wearing a mask or hood that conceals identity while committing a crime;
• Obstructing access to federal property;
• Impeding the performance of official duties of Federal employees;
• Threatening to commit any crime of violence;
• Tampering with Government IT systems (including card readers);
• Creating any hazard or threat of hazard on Federal property to persons or things; and
• Causing an unmanned aircraft or system to take off, land, or damage federal property. 

“DHS is using every tool possible to protect the lives of our law enforcement as they face a surge in violence and lawlessness at many of our federal facilities. We’ve seen rampant violence against law enforcement including our officers shot at, rammed by vehicles, assaulted and threatened,” Assistant Secretary Tricia McLaughlin said. “Under President Trump and Secretary Noem, we will not tolerate violence perpetuated by Antifa and other domestic extremists who are targeting federal property and law enforcement. Law and order will prevail.” 

Some of the recent violence at DHS facilities include a domestic terrorist in September with “ANTI-ICE” inscribed on ammunition who opened fire on an ICE field office in an attack targeted at ICE personnel. Two detainees were killed in the shooting. 

In July, a group of left-wing extremists coordinated an ambush on the Prairieland Detention Center in Alvarado, Texas. The attackers stormed the facility and used fireworks as weapons. As law enforcement responded, other attackers hiding nearby opened gunfire, shooting a police officer in the neck and wounding him.

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