On June 11, 2025, the U.S. Department of Justice’s Civil Division, under the leadership of newly confirmed Assistant Attorney General Brett Shumate, released a memorandum outlining its enforcement strategy. The memo clearly indicates the Division’s intent to deploy the False Claims Act “FCA” as a tool to pursue alleged civil rights violations, which will broaden the scope of legal accountability to include entities not traditionally viewed as enforcement targets. The FCA is also being positioned as a means to target healthcare providers whose treatment approaches for transgender patients diverge from the administration’s stated policies. The memo outlines five major priorities that will shape the Division’s activities and reflects the administration’s broader agenda through the deliberate selection of these focus areas.
- “Combating Discriminatory Practices and Policies”: A central theme of the President’s campaign was a pledge to challenge diversity, equity, and inclusion (DEI) programs, which he claims infringe on civil rights protections. The memo confirms that this has become a top priority for the Civil Division, which plans to actively apply the False Claims Act to pursue federal contractors and grant recipients engaged in DEI efforts.
- “Ending Antisemitism”: The Civil Division plans to enforce federal civil rights protections in response to increasing incidents of antisemitism, with a particular focus on schools and universities. This initiative reflects the administration’s broader concerns over how higher education institutions have managed campus protests related to the Israeli-Palestinian conflict.
- “Protecting Women and Children”: At first glance, the Civil Division’s emphasis on protecting healthcare access for women and children seems straightforward. But a closer look reveals that it’s part of a broader political effort aimed at dismantling support for transgender rights. The use of charged language like “mutilation” and “radical gender experimentation” signals an ideological, rather than medically grounded, approach. The administration’s position stands in opposition to established guidance from major medical organizations such as the American Academy of Pediatrics and WPATH, and once again, the False Claims Act is being positioned as a tool to go after healthcare providers who prioritize patient care over political directives.
- “Ending ‘Sanctuary’ Jurisdictions”: President Trump has consistently pledged to strengthen border security and uphold immigration laws. It comes as no surprise, then, that the memo reinforces the DOJ’s commitment to pushing back against local and state measures that restrict collaboration with federal immigration authorities—reigniting a familiar clash between federal and local governments.
- “Prioritizing Denaturalization”: Alongside its immigration enforcement efforts, the Civil Division is also focused on safeguarding national security and the integrity of U.S. citizenship by pursuing denaturalization in cases where citizenship was acquired illegally or through fraud, as authorized under 8 U.S.C. § 1451(a). The Division has pledged to aggressively pursue all qualifying cases, particularly those involving serious criminal conduct or security threats. However, this broad authority raises concerns about due process, especially if enforcement lacks consistent standards or clear evidentiary thresholds. There’s also the risk that such an aggressive approach could become politicized or lead to the unfair targeting of immigrant communities.
This memo is more than a policy update, it’s a strategic blueprint for how the DOJ’s Civil Division plans to exercise its enforcement authority. For any organization that receives federal funding, especially in sectors like education, healthcare, or government contracting, it sends a clear warning: now is the time to reevaluate compliance programs and ensure they’re fully aligned with federal civil rights requirements, particularly when it comes to DEI practices. And, if you do not, you may be the target of a FCA complaint.
The attorneys at Chilivis Grubman also represent clients of all types and sizes in connection to False Claims Act investigations and litigation. If you need assistance with such a matter, please contact us today.