Federal Officer Removal Expansion & Presidential Immunity Presumption (HR1789)

Current understanding

HR1789, the Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025, would amend the federal officer removal statute (28 U.S.C. § 1442) to allow former federal officers, and current or former Presidents and Vice Presidents, to remove state civil or criminal cases to federal court based on acts taken in their official capacity. It would also establish a presumption of immunity for such officials in cases eligible for removal, shifting initial burdens toward the state prosecutor or plaintiff. The bill is framed by sponsors as a response to recent state-level prosecutions of former federal officials; critics view it as narrowing state enforcement authority over former officeholders.

Evidence log

• 2025-07-22 — Proposing an amendment to the Constitution of the United States providing that there is no immunity from criminal prosecution for an act on the grounds that such act was within the constitutional authority or official duties of an individual, and providing that the President may not grant a pardon to himself or herself.: cross-connection with presidential-immunity-self-pardon-amendment: Opposing approaches to official-act immunity: HJRES108 would eliminate criminal immunity for official acts, while the Federal Officer Removal Expansion codifies a presumption of presidential immunity. (novelty: 3)
• 2026-06-29 — Trump v. Cook: cross-connection with trump-v-cook: Legislative expansion of federal officer removal and presidential immunity presumptions runs parallel to the constitutional removal-power question the Court confronts in Trump v. Cook. (novelty: 5)
• 2026-06-29 — Trump v. Slaughter: cross-connection with trump-v-slaughter: Both concern the scope of executive/presidential power over federal officers — Trump v. Slaughter addresses the President’s removal authority over independent commissioners, while the Federal Officer Removal Expansion legislation addresses removal (jurisdictional) and presidential immunity presumptions. (novelty: 5)
• 2025-03-21 — Promptly Ending Political Prosecutions and Executive Retaliation Act of 2025: cross-connection with presidential-self-serving-lawsuits: Both bills concern the litigation posture of current or former Presidents — one restricts presidents from filing self-interested suits, the other expands their ability to remove state cases against them to federal court and claim immunity. (novelty: 3)

Open questions

Related