New section at DOJ’s Civil Rights Division will enforce Trump’s Executive Order on the Second Amendment
WASHINGTON, D.C. — U.S. Senator Peter Welch (D-Vt.), Ranking Member of the Senate Judiciary Subcommittee on the Constitution, and Senate Judiciary Committee Ranking Member Dick Durbin (D-Ill.) wrote to the Department of Justice’s (DOJ) to criticize their creation of a new ‘Second Amendment Section’ at the Civil Rights Division, which will enforce President Trump’s Executive Order on the Second Amendment and favor pro-gun litigation. In their letter to Assistant Attorney General Harmeet Dhillon, the Senators emphasized how the new Section is another departure from the Civil Rights Division’s long-standing mission of protecting Americans from discrimination in favor of advancing President Trump’s agenda. This new Section does not meet any statutory mandate under federal law.
“Since President Trump took office, you have decimated the Division’s non-partisan workforce and changed the Division’s enforcement priorities to serve the President’s agenda in lieu of our federal civil rights laws. The creation of the Second Amendment Section is another example of this profound retreat from the core mission of the Civil Rights Division,” wrote the Senators.
The Senators continued: “You have, in your own words, ‘cleaned house’ since President Trump took office. Approximately 368 employees have left the Division. You have replaced nonpartisan career staff with individuals who hold questionable qualifications and views in conflict with the Division’s enforcement obligations. You have also dropped a number of civil rights cases and initiated lawsuits to implement the personal priorities of the President. For instance, you terminated a significant settlement agreement DOJ had entered into with county and state health departments regarding wastewater treatment in Lowndes County, Alabama, calling the agreement to provide basic sanitation services ‘illegal DEI.’”
“In your video announcing its creation, you stated the Section will focus on injustices related to high costs and delays related to obtaining concealed carry permits and jurisdictions that have outlawed certain firearms. According to its website, that will encompass conducting ‘pattern or practice’ investigations under a statute Congress passed in the wake of the horrific beating of Rodney King at the hands of the Los Angeles Police Department,” wrote the Senators. “Consistent with congressional intent, the Division has historically used that statute to investigate law enforcement agencies for engaging in a pattern or practice of misconduct, including excessive force, racial profiling, or malicious prosecution.”
The Senators requested answers from Assistant AG Dhillon to the following questions by January 29, 2026, in order to better understand the Second Amendment Section and its intended priorities:
- What resources from the Civil Rights Division are being rerouted from civil rights work to the new Second Amendment Section?
- What federal laws does the Section intend to enforce? Please provide specific statutes and not just policy priorities for the administration.
- Have you, or any DOJ personnel, coordinated and/or communicated with any pro-Second Amendment lobbying groups prior to the creation of this Section?
Senator Welch has been a leading voice in pushing back against the Trump Administration’s attacks on the rule of law and efforts to undermine the Department of Justice’s Civil Rights Division. In October, Senator Welch called for answers on Assistant AG Dhillon’s weaponization of the Division, including directing sections to pursue President Trump’s policy and political goals.
Last year, Senator Welch denounced President Trump’s attacks on DOJ’s Civil Rights Division, including the Administration’s plans to freeze all new civil rights cases or investigations at the division. The Senator also led all six of his Democratic colleagues on the Senate Judiciary Committee’s Constitution Subcommittee in demanding answers from DOJ concerning the Trump Administration’s efforts to dismantle the Civil Rights Division.
During President Trump’s first week in office, Senator Welch slammed the President’s plans to freeze all new civil rights cases or investigations at DOJ’s Civil Rights Division and suggestions that it would sideline police reform agreements established by the Biden Administration.
Read and download the full text of the Senators’ letter to Assistant AG Dhillon.
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