Federal AI Preemption Opposition Tracker
The White House is drafting an executive order to preempt state AI laws through federal lawsuits and by withholding BEAD grants.
Lawmakers, governors, and organizations across the political spectrum are pushing back.
Last Updated: December 4, 2025
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DD
Sen. Dick Durbin
U.S. Senate | Illinois
"Republicans already tried to ban states' ability to regulate AI in their Big, Ugly Bill. That ban was voted down 99-1. Their new political maneuver would be a free pass to Big Tech, and it must be stopped again."
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EM
Sen. Ed Markey
U.S. Senate | Massachusetts
"Republicans are back with their outrageous giveaway to Big Tech. We can't let that happen. I'll fight this tooth and nail."
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Joint letter with Sen. Warren urging Democratic colleagues to stand firm against Big Tech's attempt to sneak AI regulation moratorium into defense bill.
View letter →
BS
Sen. Brian Schatz
U.S. Senate | Hawaii
"This is a poison pill and we will block it."
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AK
Sen. Amy Klobuchar
U.S. Senate | Minnesota
"Here we go again. An army of lobbyists are trying to stop states from protecting kids, artists, and consumers from harms caused by AI. 99 Senators already voted against this idea and we must stop it again."
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"Instead of protecting Americans from AI abuses, this Executive Order goes after states—even threatening access to rural broadband—for putting in place basic guardrails for consumers, children, and creators. The Senate already rejected this, and it should be rejected again."
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RB
Sen. Richard Blumenthal
U.S. Senate | Connecticut
"States have been the frontline against election deepfakes & other AI abuses. Any 'moratorium' on state safeguards would be a dire threat to our national security. Senate Democrats will block this dangerous hand out to Big Tech from being attached to the NDAA."
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CM
Sen. Chris Murphy
U.S. Senate | Connecticut
"Big government - but only to assist billion dollar tech companies politically aligned with Trump in stealing your jobs and poisoning your kids."
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AS
Sen. Adam Schiff
U.S. Senate | California
"AI has the potential to improve our lives and fundamentally change the way we work and live, but we need strong guardrails to mitigate potential harms. While Congress should take the lead on crafting the rules of the road, in the absence of federal leadership, the states must have the power to protect constituents. I am concerned about potential poison pill provisions being added to the NDAA that would block states from passing their own laws on AI. In California, that would undermine laws protecting workers, privacy and safety."
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CV
Sen. Chris Van Hollen
U.S. Senate | Maryland
"Must be a total coincidence this announcement came the day after these guys were seen at Trump's ritzy dinner party. Trump doesn't have this authority. States are filling the void left by the federal govt's failure to create an accountability structure for AI companies."
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MW
Sen. Mark Warner
U.S. Senate | Virginia
"If we take away the pressure from the states, Congress will never act. Let's look at the fact we never did anything on social media."
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EW
Sen. Elizabeth Warren
U.S. Senate | Massachusetts
Joint letter with Sen. Markey urging Democratic colleagues to stand firm against Big Tech's attempt to sneak AI regulation moratorium into defense bill: "If this provision is included, we urge you to vote against it. We must oppose this moratorium to protect states' rights to hold Big Tech accountable."
View letter →
TD
Sen. Tammy Duckworth
U.S. Senate | Illinois
"Trump and House Republicans are pushing to ban states' ability to place safety guardrails on AI. That could be disastrous for your: —Kids' safety online —Data privacy —Energy bill But it would be good for: —Big Tech Trump's priorities. Not yours."
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CB
Sen. Cory Booker
U.S. Senate | New Jersey
"The United States should lead the world in artificial intelligence and other emerging technologies. The greatest threat to that leadership isn't coming from individual states. It's coming from the Trump Administration's actions to drive away international talent, block clean energy from coming online, gut federal research funding, and turn our universities into political targets rather than national assets. If we're serious about preserving America's edge in AI, our focus should be on reversing these and other policies from the Trump Administration—not on tying the hands of states like mine."
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LT
Rep. Lori Trahan
U.S. House | Massachusetts
"I'm talking about the AI moratorium which would entirely limit the ability of states to legislate on matters of AI."
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FP
Rep. Frank Pallone
U.S. House | New Jersey
"States are the laboratories for guardrails. Congress has to be sure to allow states to put in safeguards to protect their residents."
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KH
Gov. Kathy Hochul
Governor | New York
"We passed some of the nation's strongest AI safeguards to protect kids, workers, and consumers. Trump's response is to punish states for those protections and shield the very companies trying to dodge accountability. Another gift to corporations at everyone else's expense."
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AG
Sen. Andrew Gounardes
State Senate | New York
"The problem with this argument is that the Big Tech and VC lobby don't want any regulation whatsoever. They say they support a national standard, but in reality, it's just cheaper for them to buy off Congress to do nothing than it is to try and buy off 50 state legislatures."
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JG
Sen. Jessica Gonzalez-Rojas
State Senate | New York
"NEW: I led a letter to Republican House leadership opposing a provision in the reconciliation bill that would impose a 10-year moratorium on state and local AI regulation. 50+ state legislators signed on. NY House Republicans cannot support this."
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View letter →
JV
Del. Joe Vogel
State House | Maryland
"I just filed legislation that would limit the use of AI powered surveillance pricing and wage fixing — a practice where companies use personal data collected of consumers and workers to raise prices and lower wages. An example of the type of consumer and worker protection laws that Trump would be challenging with this action."
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SS
Gov. Sarah Huckabee Sanders
Governor | Arkansas
"This summer I led 20 GOP governors to pressure Congress to vote down its 10 year prohibition on state-level AI regulations — protecting Arkansas' AI child-exploitation ban and other commonsense safeguards. Now isn't the time to backtrack. Drop the preemption plan now and protect our kids and communities."
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SC
Gov. Spencer Cox
Governor | Utah
"Governor DeSantis is correct. States must be able to regulate the tools of AI that could severely impact our kids, our families, our constitutional rights, and our security. We already made the mistake of allowing social media companies to destroy our children's mental health and tear our country apart. Let's not do it again."
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RD
Gov. Ron DeSantis
Governor | Florida
"Stripping states of jurisdiction to regulate AI is a subsidy to Big Tech and will prevent states from protecting against online censorship of political speech, predatory applications that target children, violations of intellectual property rights and data center intrusions on power/water resources. The rise of AI is the most significant economic and cultural shift occurring at the moment; denying the people the ability to channel these technologies in a productive way via self-government constitutes federal government overreach and lets technology companies run wild. Not acceptable."
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JH
Sen. Josh Hawley
U.S. Senate | Missouri
"Shows what money can do"
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MG
Rep. Marjorie Taylor Greene
U.S. House | Georgia
"There should not be a moratorium on states rights for AI. States must retain the right to regulate and make laws on AI and anything else for the benefit of their state. Federalism must be preserved."
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MR
Rep. Mike Rogers
Chairman, House Armed Services Committee | Alabama
"I'm going to be opposed to that. I had not even heard about that until an hour ago. Historically, we add things to the NDAA when the four corners of the committees of jurisdiction agree to it, and I understand that's not the case here, which means I'm gonna have a problem with it."
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NH
Rep. Nick Hoheisel
State House | Kansas
"If America is going to stay the world's AI leader (and it must), Congress needs to step up. Pass clear, commonsense national safety standards, built together with input from states and industry experts. Get the federal framework right first. And then talk preemption. #ksleg"
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BG
Rep. Brandon Guffey
State House | South Carolina
"States rights! We have courts to reject unconstitutional regulations. We deserve to keep our ability to protect children online from unknown tech advances. I understand the concern from POTUS. I know we shouldn't sacrifice the safety of our children in order to help private companies. If they have a DOD contract, then they should be able to have some protections, but they also shouldn't have the ability to collect data or test on our citizens. Our elected officials OVERWHELMINGLY SPOKE against an AI Moratorium 99-1. If there is an executive order…it may win over the same big tech donors that have historically supported opponents with their huge donations, but will Lose Support from We the Parents. Please consider all, especially those of us that have lost children due to Big Tech's already unchecked control. How about a Section 230 sunset in 1 year to force big tech to come to the table. A senator proposed that and it makes sense. Big tech will come & offer solutions to protect children because of the fear of civil liability. It should protect all kids, not an arbitrary age other than Adult/Minor."
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DF
Rep. Doug Fiefia
State House | Utah
"States have the right and responsibility to lead where Congress won't. But bringing back an AI moratorium isn't the answer. We need smart guardrails, not roadblocks. This is about protecting people, not interests, and ensuring innovation serves everyone."
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AP
Sen. Angela Paxton
State Senate | Texas
"Today many of my Texas Senate colleagues joined me in sending a letter to US Senators Cornyn and Cruz urging them to reject federal preemption of state AI regulations. States like Texas have taken important and proactive steps to regulate AI in common sense ways that protect consumers and children. A federal moratorium would eradicate these efforts by rendering existing state laws unenforceable."
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SB
Steve Bannon
Conservative Commentator
"Ted Cruz and Republicans are trying to jam an AI moratorium into the NDAA that kills every state safeguard. A power grab in the dark. Stop it before they seal the deal."
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MD
Mike Davis
Coalition | The Article III Project (A3P)
"The Big Tech oligarchs are demanding AI amnesty so state and local governments cannot, for example, prevent the sale of Pedo Bears to kids."
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"Big Tech's AI preemption push is corporate welfare at its worst. States have every right to protect their citizens from AI abuses. This is about power, not innovation."
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LL
Laura Loomer
Conservative Commentator
"100% we need AI regulation. I think AI will be used to manipulate elections and influence voters to not support Conservative candidates."
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JG
Joseph Gordon-Levitt
Actor & Advocate
"Big AI companies are trying to restrict states from regulating AI by adding a dangerous eleventh-hour provision to the annual National Defense Authorization Act. Contact your representatives – there are only a few days left to stop this!"
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RR
Robert Reich
Former Labor Secretary
"Big Tech is plotting a multi-million dollar lobbying blitz to oppose AI regulation at the state and federal level. Now, House Republicans are reportedly looking to resurrect a ban on all state-level AI regulation. Always follow the money."
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MP
More Perfect Union
Media Organization
"House Republican leaders are trying to ban all regulation of AI at the state level."
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T
Teamsters
Labor Union
"The Teamsters can't be any clearer — a prohibition on state regulation of AI would be a disaster for the nation. The 99-1 vote against in the Senate should be the end of this debate, and the proposal has no business being included in the NDAA."
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"Right now, Big Tech lobbyists are trying to sneak language into the National Defense Authorization Act (NDAA) that would prohibit states from passing laws to restrict artificial intelligence (AI). This is no different than the bad AI legislation that Teamsters got removed from Congress earlier this year."
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AFL
AFL-CIO
Labor Union
AFL-CIO opposes limitations on state regulation of AI through legislative letters to both the House and Senate.
House letter →
Senate letter →
AFT
American Federation of Teachers (1.8M Members)
Labor Union
AFT President Randi Weingarten urges Congress to reject AI preemption in the NDAA, noting the Senate already rejected a similar provision 99-1 and that a moratorium would override state and local protections. "Our kids and young adults should not pay the price for Big Tech's profits."
View letter →
ILWU
International Longshore and Warehouse Union (40,000+ Workers)
Labor Union
ILWU President Robert Olvera Jr. opposes the AI moratorium in the NDAA, warning that "a decade-long ban – or even a short-term one – on state regulation of AI and automation would tie the hands of governments at the very moment when AI is rapidly transforming jobs." The letter notes there is no national security justification for wedging this policy into the NDAA.
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DP
Demand Progress (250+ Groups)
Coalitions
"AI companies let chatbots flirt with kids & tell teens to commit suicide. Congress is trying to ban states from holding these companies accountable. Demand Progress and 250+ groups asked Congress to stop this madness & stand up to Big Tech elites."
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View letter →
JL
Coalition of Jewish Leaders (~30 Signatories)
Coalition | Faith Leaders
Rabbis and Jewish community leaders urge Congress to reject AI preemption, warning that slowing AI regulation would be "disastrous." The letter states: "By legislating a preemptive moratorium on state AI legislation without first having a federal framework in place, this work will be cut short at a crucial moment."
View letter →
AS
The Alliance for Secure AI
Tech Policy Organization
"States have the right to steer their own future on AI legislation. Harms are rising, safeguards are urgent, and Congress isn't ready to act. The states are. Blocking state-level protections is dangerous."
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"Lawmakers are again eyeing an AI moratorium, despite the Senate rejecting the last attempt 99–1. It's unpopular, unworkable, and the wrong move. Congress isn't prepared to safeguard AI, the states are. Preempting states on AI is unconstitutional."
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NC
National Conference of State Legislatures
Coalition
"NCSL reaffirms opposition to AI preemption. States must retain the ability to protect their residents and address emerging AI challenges."
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View joint statement →
SL
Coalition of 300+ State Lawmakers
Coalition
Bipartisan letter from over 300 state legislators across the country opposing AI preemption in the NDAA: "We write to convey our strong opposition to the inclusion of any preemption language in the National Defense Authorization Act (NDAA) that would curtail ongoing state efforts to address the impacts of artificial intelligence. States serve as laboratories of democracy, directly accountable to their residents, and must retain the flexibility to confront new digital challenges as they arise."
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FL
Coalition of 40+ Faith Leaders
Coalition
Letter from 40+ faith leaders and organizations opposing AI preemption: "As faith leaders committed to ethical technology policy, we write with deep concern regarding the proposed preemption measure on state regulation of artificial intelligence. Such a prohibition would not create order. It would create silence—locking out communities of faith and conscience, local lawmakers, and civil society voices from shaping how AI impacts our schools, courts, hospitals, and homes."
View letter →
87
House Democratic Lawmakers (87 Members)
Coalition | U.S. House Democrats
Letter led by Rep. Doris Matsui opposing AI preemption: "Our federal system is designed to let states serve as 'laboratories of democracy,' as states are closest to the communities already experiencing AI harms—from deepfakes and targeted scams to automated systems that entrench bias, and emerging risks to kids' online safety." Signatories include Nancy Pelosi, Ted Lieu, Ro Khanna, Alexandria Ocasio-Cortez, Pramila Jayapal, and Lori Trahan.
View letter →
44
House Democratic Lawmakers (44 Members)
Coalition | U.S. House Democrats
Letter led by Rep. Yvette Clarke to Armed Services Committee leadership: "To preempt state laws would directly kneecap the power of individual state governments to implement the work that has already been signed into law. Not only would this stomp on state autonomy, but it would create an unnecessary regulatory vacuum that lets Big Tech run rampant." Signatories include Maxwell Frost, Summer Lee, Sarah McBride, Jan Schakowsky, and Nydia Velázquez.
View letter →
CPC
Congressional Progressive Caucus
Coalition | ~100 House Democrats
The Progressive Caucus voted by "super-majority margin" to oppose AI preemption in the NDAA: "At present, state laws are the only recourse American consumers have for protecting themselves and their data from Big Tech and the multitude of potential harms caused by AI."
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36
State Attorneys General (36 AGs)
Coalition | Bipartisan AGs
Bipartisan letter from 36 state attorneys general opposing AI preemption: "While AI promises to be a transformative technology in numerous fields, it also poses significant risks—notably to the most vulnerable among us, our children. States must be empowered to apply existing laws and formulate new approaches to meet the range of challenges associated with AI." Republican signatories include AGs from Idaho, Indiana, Kansas, Mississippi, Ohio, South Carolina, and Tennessee.
View letter →
WC
Whistleblower Coalition (9 Organizations + AI Safety Researchers)
Coalition | Whistleblower Advocacy
Letter from whistleblower organizations and AI safety researchers opposing federal preemption: "Preemption would strip all these protections away, leaving the public, regulators, and businesses that use AI unaware of imminent danger, as employees who raise concerns about dangerous AI practices can be fired at-will, intimidated into silence, and left watching dangerous practices remain hidden behind NDAs." Signatories include National Whistleblower Center, Government Accountability Project, Transparency International U.S., and AI researchers Stuart Russell and Lawrence Lessig.
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CA
Center for AI and Digital Policy
Tech Policy Organization
"Proposed moratorium on US state AI laws is misguided. States are on the frontlines of protecting consumers and addressing AI harms. Federal preemption would be a dangerous mistake."
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EM
Erich Mische
Suicide Awareness Voices of Education (SAVE)
"URGENT: Some in Washington are pushing to strip states of their ability to regulate AI. This would eliminate critical protections for vulnerable youth and families. We must oppose this dangerous overreach."
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MT
Michael Toscano
Institute for Family Studies
"It's official: Republicans in the House and Senate are working to preempt state AI laws. This is a massive gift to Big Tech at the expense of families and children who need protection from AI harms."
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ARI
Americans for Responsible Innovation
Tech Policy Organization
"This is obvious overreach. Congress explicitly rejected AI law preemption attached to broadband funding in a 99-1 vote. Forcing AI law preemption would be a massive blow to state laws safeguarding kids online, supporting workers facing automation, and protecting privacy for Americans. The public wants basic safeguards on AI, not a wild west for Big Tech." — ARI President Brad Carson
View statement →