DHS rushes rule restricting protests near federal buildings, citing anti-ICE demonstrations

DHS published a final rule on Nov. 5, 2025, changing the effective date of federal property protection regulations from Jan. 1, 2026, to Nov. 5, 2025. The regulations were originally published on June 9, 2025, with a delayed effective date.

The department invoked the Administrative Procedure Act's good cause exception to make the rule effective immediately without the typical 30-60 day delay. DHS cited recent anti-ICE protests at federal facilities as creating an urgent need for the new protections.

The regulations expand Federal Protective Service authority over federal property by broadening definitions of restricted areas, increasing penalties for unauthorized entry, and giving FPS officers more discretion to restrict access to federal facilities and surrounding areas.

DHS cited specific incidents in the Federal Register notice, including protests at ICE facilities in Portland and other cities in June 2025 where protesters allegedly blocked access and created security concerns. The department argued these incidents demonstrated the impracticability of waiting until January 2026.

The original rule was published with a delayed effective date to allow federal facilities time to implement new security procedures and train personnel. Advancing the date by three months means facilities must scramble to comply immediately.

Civil liberties groups have raised concerns that the expanded FPS authority could be used to restrict First Amendment protected protest activity near federal facilities, particularly protests against immigration enforcement.

The good cause exception allows agencies to bypass normal rulemaking procedures only in emergency situations or when delay would cause serious harm. Critics question whether advancing implementation by three months meets this standard.

David Hess

Deputy Director, FPS Policy, Communications and Engagement

He is listed as the contact for the rule in the Federal Register notice. FPS operates under DHS and is responsible for protecting federal facilities. The accelerated timeline gives FPS broader authority to restrict access to facilities more quickly.

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