Law enforcement groups brace for Biden executive orders on policing

President Biden is expected to use executive actions to deliver progressive overhauls of policing after the George Floyd Justice in Policing Act failed in the Senate, drawing protests and threats of lawsuits from law enforcement leaders.

The greatest concern is any attempt to weaken or abolish qualified immunity, which protects law enforcement from lawsuits and liability in cases where they act in good faith. The George Floyd bill failed in large part because of Republican opposition to how it rolled back qualified immunity protections for police officers, who argued it would hurt their ability to do their jobs, and would result in frivolous lawsuits.  

Brandon Judd, president of the National Border Control Council, promised legal action if Biden unilaterally strips police of qualified immunity.

“We will have standing and therefore we will immediately file suit because … we believe that it is unconstitutional,” Mr. Judd told The Washington Times.

Reports say the White House is drafting executive orders that overhaul policing, which are expected to be issued to coincide with Black History Month in February. The Biden administration already used executive action last year to restrict the use of chokeholds and “no-knock” warrants.

House Republicans met with law enforcement leaders on Wednesday to hear their concerns.

Fayette County, Ohio, Sheriff Vernon Stanforth, president of the National Sheriffs Association, said they had not been invited to provide input on the pending executive orders.

“They’re just gonna issue this executive order, we think, anytime now and it’s going to have a tremendous negative impact on our recruitment and our retention on maintaining our drug task force if they’re affiliated with federal entities,” Standforth said.

He added: “Our law enforcement need to know that they can go act in the line of duty without being put up for lawsuits and being challenged and being gone after by the American people without regard to the circumstances that they face on the front lines and so we’ve gotta address that.”