DOJ Restructures Civil Division: New Enforcement & Affirmative Litigation Branch

Highlights

• The U.S. Department of Justice (DOJ) consolidated civil enforcement and affirmative litigation in a new branch, replacing the Consumer Protection Branch.
• Key enforcement areas include federal immigration compliance and gender-affirmative care, especially for minors.
• Organizations should review compliance programs, policies, and marketing materials to mitigate potential civil litigation risks.

The DOJ has announced the creation of a new Enforcement & Affirmative Litigation Branch within its Civil Division. This branch replaces the Consumer Protection Branch (CPB) and consolidates the DOJ's affirmative litigation and enforcement efforts under a single unit.

Branch Structure and Focus

The branch will be organized into two sections:

• Affirmative Litigation Section: Represents the U.S. in lawsuits against states, municipalities, and private entities that interfere with or obstruct federal policies. This section focuses on ensuring compliance with federal law, including actions related to immigration policies and gender-affirmative care.
• Enforcement Section: Utilizes the DOJ's experience in civil enforcement under federal statutes, including the Controlled Substances Act, Federal Food, Drug, and Cosmetic Act, Consumer Product Safety Act, Federal Trade Commission Act, Children's Online Privacy Protection Act, and Restore Online Shoppers' Confidence Act. This section also has limited authority to investigate and pursue criminal violations under certain healthcare-related statutes, but broader criminal prosecutions remain the responsibility of the DOJ's Criminal Division.

Key Areas of Focus

• Federal immigration enforcement, including actions related to jurisdictions or so-called "Sanctuary Cities" that do not cooperate with federal immigration authorities.
• Gender transition and gender-affirmative care, particularly for minors, including investigations and potential civil enforcement actions concerning:
  • Marketing and promotion of gender-affirmative medical services;
  • Compliance with federal and state regulations regarding treatment for minors; and
  • Policies and procedures of healthcare providers, clinics, and affiliated entities that provide or facilitate gender-affirmative care.
• Other civil enforcement matters previously handled by the CPB.

Assistant Attorney General Brett A. Shumate noted that consolidating the Civil Division's affirmative litigation work is intended to strengthen the DOJ's ability to pursue litigation and enforcement initiatives.

Implications for Organizations

• Increased Focus on Enforcement: Entities involved in healthcare, immigration services, or other regulated areas should anticipate scrutiny and potential civil litigation under the DOJ's revised structure.
• Gender-Affirmative Care Considerations: Providers of gender-affirmative services, particularly those serving minors, should review their practices, policies, and marketing materials to ensure compliance with applicable laws and regulations.
• Review Compliance Programs: Organizations may want to examine and strengthen internal policies and procedures to ensure alignment with federal requirements across affected areas.
• Stay Informed: Monitoring DOJ announcements and enforcement actions will be important to understand how the branch's priorities evolve.

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