DHS released draft regulations for public comment on January 15, 2025. The final rules were published June 9, 2025. Although originally scheduled to go into effect January 1, 2026, DHS announced that they would be implemented on November 5, 2025. 

What the New Rules Do

The DHS rules replace prior U.S. General Services Administration (GSA) rules that applied only to conduct “in or on” Federal property. In addition to barring drugs, alcohol, and weapons from federal buildings, the GSA rules prohibited conduct in or on federal property that created “loud or unusual noise;” “unreasonably obstruct[ed]” use of facility entrances, internal spaces, or parking lots; impeded government employees’ performance of official duties; or prevented the public’s access to timely services on the property.  

The DHS rules significantly expand on the GSA rules in two key ways:  

1. The rules apply to an indefinite area outside of Federal facilities. The new rules prohibit certain conduct not only “on” Federal property, but also “in areas outside federal property” if the conduct “affects, threatens, or endangers federal property or persons on the federal property.” It is unclear how individuals off federal property can determine whether their actions “affect” people on the property. For instance, the new rules continue to prohibit conduct that “creates a loud or unusual noise” on federal property. But, because they now apply off-property, they appear to cover any loud or unusual noise that can be heard by someone inside a federal building. This could potentially include, for instance, noise from a peaceful protest taking place on public sidewalks or streets near federal facilities.   

Further, the new rules define “federal property” more expansively than the prior GSA rules. The definition now includes “vehicles, equipment, and any movable article” that is owned, occupied, or secured by the federal Government and under DHS protection (§139.15). As such, conduct occurring far from a federal building could fall within the rules if it “affects” someone inside a DHS vehicle, giving law enforcement discretion to apply the rules far from any federal facility.  

2. The rules broaden existing offenses and create expansive new offenses that can cover First Amendment protected activity. The rules include fourteen categories of prohibited conduct (§139.35). Some categories expand existing rules, and others create new offenses that can cover protected First Amendment activity—particularly when combined with the broad definition of “federal property” and expanded application to off-property conduct. 

For instance, the GSA rules prohibited conduct that “unreasonably obstructs the usual use” of entrances, corridors, parking lots, and similar areas. The new rules, by contrast, bar  

“Obstructing the usual use, enjoyment, or access to federal property, including but not limited to use of entrances, exits, exterior areas, plazas, courtyards, foyers, lobbies, corridors, offices, elevators, escalators, stairways, parking areas, garages, loading docks, and areas on federal property designated as closed during an emergency.”  

This standard is significantly broader. For example, a peaceful protest on a public sidewalk that briefly delays vehicles from exiting a federal facility parking lot could potentially be deemed “obstruction” under the new rules, while it might not have met the “unreasonable obstruction” standard under prior rules.   

The rules also create new offenses that raise First Amendment concerns. For instance, the rules prohibit wearing a mask or disguise “when attempting to avoid detection or identification” and while violating “any federal, state, or local law, ordinance, or regulation.” This would seemingly cover protesters or others who wear costumes as part of expressive conduct near a federal facility, particularly if they commit or are alleged to commit a minor offense, like jaywalking, or violating another aspect of the DHS rules such as making “loud noise.” (For more on the First Amendment concerns and other challenges mask restrictions can raise, see ICNL’s briefer.) The offense may chill expressive conduct by individuals who want to wear a mask for a legitimate reason, while giving law enforcement discretion to target protesters wearing masks or other disguises.  

Enforcement of the Rules

The Federal Protective Service (FPS) is the primary agency responsible for enforcing the DHS rules, though FPS may also “cross designate” officers from other DHS agencies, such as Customs and Border Protection (CBP) or Immigration and Customs Enforcement, to enforce them. FPS may carry firearms, make arrests, serve warrants, and conduct investigations. For alleged regulatory violations, FPS issues a written citation, or “Federal Violation Notice,” which specifies the alleged offense and whether the citation recipient must appear before a federal magistrate judge or pay a fine. Critics argue that the FPS’s broad mandate and lack of safeguards against politicized use have enabled the agency’s targeting of disfavored political speech. The new rules add to these concerns, by giving FPS expansive discretion to levy substantial penalties on individuals for broadly-defined conduct far from federal property.