Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c)

The memorandum from President Trump directs federal agencies to consistently enforce Federal Rule of Civil Procedure 65(c), which requires plaintiffs seeking preliminary injunctions or temporary restraining orders against the government to post financial security to cover potential damages if an injunction is later determined to have been wrongly issued. The memo argues that activist groups frequently obtain injunctions to delay or disrupt government policies without consequences for failed litigation, leading to taxpayer burdens and delays in policy implementation. It instructs executive departments, in consultation with the Attorney General, to request appropriate security deposits in court when injunctions are sought, except in limited circumstances. Agencies are also required to emphasize that Rule 65(c) mandates security in applicable cases, and that failure to post security should result in denial or reversal of injunctions. The memorandum aims to prevent what it describes as unnecessary taxpayer expenses caused by improperly granted injunctions and to hold litigants accountable for incorrect or unjustified injunctions.