President Donald Trump has signed an executive order that could make it significantly more expensive to challenge his administration in court. The directive instructs Justice Department attorneys to request that plaintiffs who sue the government post a financial bond upfront—covering potential costs and damages—if an injunction temporarily halts a policy that is later deemed lawful.
While judges are not required to approve these bond requests, the order signals an aggressive new legal strategy that could place heavy financial burdens on advocacy groups and others seeking to block Trump’s policies.
“Federal courts should hold litigants accountable for their misrepresentations and ill-granted injunctions,” Trump stated in the order, criticizing what he called “activist organizations” for securing broad legal blocks against his initiatives.
The move comes as Trump faces over 100 lawsuits targeting his administration’s push to downsize federal agencies, cut government spending, and overhaul immigration and social policies. While some courts have sided against him, others have upheld key policies in recent rulings.
Government attorneys have already begun testing the new approach, requesting bonds in lawsuits over a $3 trillion freeze on federal loans and grants, cuts to medical research funding, and other policy changes. However, U.S. District Judge Loren AliKhan rejected one such request, stating it would “defy logic” to “hold plaintiffs hostage” with a financial barrier before their case is heard. Other judges have yet to rule on similar bond demands.
Trump’s latest move intensifies the legal battlefield, signaling that challengers will not only have to fight policy changes in court but may also have to pay a hefty price just to stand in the ring.
