tech
April 19, 2026
Trump's campaign to preempt state AI regulation faces resistance from states and Congress alike
In short: The Trump administration is waging a multi-front campaign to prevent states from regulating AI, using a DOJ litigation task force, Commerce Department evaluations of “burdensome” state laws, and a legislative framework urging Congress to preempt state-level regulation with a “minimally burdensome national standard.” But states have accelerated in the opposite direction – 1,208 AI bills introduced in 2025, 145 enacted – and Congress has rejected preemption twice, including a 99-1 Senate vote to strip an AI moratorium from the One Big Beautiful Bill Act.
TL;DR
- The Trump administration is employing a multi-pronged strategy, including a DOJ litigation task force and Commerce Department reviews, to prevent states from regulating AI.
- Despite federal efforts, states have seen a surge in AI-related bill introductions and enactments, with all 50 states introducing at least one AI bill in 2025.
- Congress has rejected proposals for federal preemption of state AI laws, including a significant Senate vote against an AI moratorium.
- Executive Order 14365 established an AI Litigation Task Force and directed evaluations of state AI laws, while a National Policy Framework recommended Congress preempt state laws for a uniform national standard.
- States like California, Texas, and Colorado have enacted AI legislation, with bipartisan support at the state level for regulation.
- Lobbying efforts are substantial on both sides, with groups supporting AI-friendly policies and uniform federal regulation, and others advocating for AI safeguards and state-level protections.
- A bipartisan coalition of state attorneys general opposes AI preemption, citing the need for state protections against various AI risks.
- The U.S. approach contrasts with Europe's unified AI regulatory framework, leading to a U.S. governance model shaped by litigation and industry leverage.
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