Trump Signs AI Executive Order as States Implement AI Laws

On December 11, 2025, President Trump issued an executive order (EO) titled "Ensuring a National Policy Framework for Artificial Intelligence." The EO establishes a federal initiative intended to "sustain and enhance the United States' global AI dominance through a minimally burdensome national policy framework for AI."^Footnote1 It also addresses state laws that the Trump administration views as inconsistent with the proposed national framework.

The EO directs the Attorney General to establish an AI Litigation Task Force, empowered to challenge state AI laws. The order authorizes the Task Force to bring challenges on grounds such as unconstitutional regulation of interstate commerce, federal preemption, or other legal deficiencies identified by the Attorney General.

The order also instructs the Secretary of Commerce, in consultation with other administration officials, to publish an evaluation of existing state AI laws that identifies those the administration considers onerous or inconsistent with the goals of the order.

The EO directs the Secretary of Commerce to issue a policy notice that outlines the conditions under which states may remain eligible for certain funding under the Broadband Equity, Access, and Deployment (BEAD) Program. States identified as having onerous AI laws could lose eligibility for non-deployment BEAD funds.

Finally, the order requires federal agencies to review their discretionary grant programs to determine whether they can tie grant eligibility to the absence of conflicting AI laws or a state's decision not to enforce such laws during the grant funding period.

States and the U.S. Congress rejected the Trump administration's position on overriding state AI regulation even before the order was issued.^Footnote2 Instead, states continue to advance their own AI policy initiatives. Notably, California and New York have recently enacted AI transparency laws, potentially providing a framework for other states.

In September 2025, California enacted an AI transparency law requiring large AI developers to publish a public AI framework outlining how they integrate national and international standards and industry best practices into their frontier AI policies.^Footnote3 In December 2025, New York adopted a frontier AI transparency law that mirrors many of California's requirements.^Footnote4 California's AI law took effect on January 1, 2026, and New York's law will take effect on January 1, 2027. It remains to be seen how these states and their AI laws will be impacted by the actions resulting from President Trump's EO, though any effort to enforce the anti-state regulation provisions of the AI order is expected to be challenged by the affected states in federal court.

EDUCAUSE will continue to monitor relevant federal and state activity concerning AI transparency, safety, and regulatory coordination and will provide updates to members as additional guidance or rulemaking emerges.

Notes

1. Executive Order 14365, "Ensuring a National Policy Framework for Artificial Intelligence," Federal Register 90, no. 239 (December 16, 2025).Jump back to footnote 1 in the text.↩
2. Sanam Hooshidary, "Partnership, Not Preemption: State Legislators Stand Against Federal AI Overreach," National Conference of State Legislatures, December 15, 2025.Jump back to footnote 2 in the text.↩
3. Transparency in Frontier Artificial Intelligence Act, Cal. S.B. 53 (2025–2026), Chapter 138 (Cal. Stat. 2025).Jump back to footnote 3 in the text.↩
4. Responsible AI Safety and Education Act, N.Y. Assembly Bill A6453, 2025–2026 Regular Sessions.Jump back to footnote 4 in the text.↩

Bailey Graves is a Senior Associate at Ulman Public Policy.