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U.S. Justice Department pushes sweeping changes to federal death penalty rules

Firing squads, fewer delays, and broader crimes—how the DOJ's bold plan could reshape capital punishment. But states are moving in the opposite direction.

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The image shows a poster with pictures of Mexican drug traffickers and text that reads "Perpetrators of Mexican Drug Trafficking Violence". The poster features a variety of people of different ages, genders, and ethnicities, all of whom are looking directly at the viewer with serious expressions. The text is written in bold, black font and is surrounded by a white border. The background of the poster is a light blue color, and the text is centered in the middle of the image.

U.S. Justice Department pushes sweeping changes to federal death penalty rules

Trump Administration Seeks Death Penalty for Murders Committed by Undocumented Migrants in the U.S.

In a report on Restoring and Strengthening Federal Capital Punishment, released by the Justice Department, officials propose that Congress consider legislation to "address gaps and deficiencies in death penalty authorization for the most heinous crimes—including, among others, the murders of law enforcement officers; murders committed by migrants unlawfully present in the United States; and killings that constitute or are carried out in the commission of hate crimes, stalking, material support for terrorism, or domestic violence."

The document frames the death penalty as an "essential tool" for the justice system and sharply criticizes the Democratic administration of Joe Biden for commuting the sentences of 37 death-row inmates in the "twilight" of his presidency.

"The previous administration failed in its duty to protect the American people by refusing to seek and carry out the ultimate punishment against the most dangerous criminals—including terrorists, child killers, and cop killers," Acting Attorney General Todd Blanche stated.

"Under President Trump's leadership, the Justice Department is once again upholding the rule of law and standing with victims," the statement added.

The Justice Department has directed the Bureau of Prisons to expand execution protocols to include lethal injections using pentobarbital and firing squads as part of broader measures to reinforce federal capital punishment.

The agency also aims to "streamline the process for seeking the death penalty" and reduce the years-long delays between sentencing and execution.

The report highlights that "current federal law restricts the attorney general's discretion in determining execution methods. The Department should consider proposing an amendment to Title 18, Section 3596 of the U.S. Code to grant the attorney general greater flexibility in selecting methods for federal death sentences and explicitly permit additional methods, thereby decoupling federal executions from state-level legislation."

The death penalty has been abolished in 23 U.S. states and Washington, D.C., while three others—California, Oregon, and Pennsylvania—maintain moratoriums. Five states authorize firing squads for executions, though only South Carolina has used the method in recent years.

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