State Leaders Push Back On Trump Efforts Labeling Trans Americans as Terrorists

Arizona officials are vowing to protect transgender residents after President Donald Trump issued an executive order linking them to terrorism, calling the move unconstitutional. 

Trump’s executive order last week classified “Antifa” — short for “anti-fascist” — as a domestic terrorist organization, citing a series of alleged violent acts across the U.S., including shootings, arson, and attacks on political and law enforcement targets. 

The order specifically mentions transgender individuals in connection with some incidents, such as a shooting at a Minnesota Catholic church and an explosive attack outside the Alabama attorney general’s office. Experts say these claims are misleading, and Antifa is not a formal organization. 

The order also follows the conservative trend of blaming mass shootings on transgender people, despite them making up less than 1% of mass shooters and are far more likely to be victims than perpetrators.

The move from the administration closely mirrors a Heritage Foundation policy proposal to classify transgender people as “violent extremists,” as well. 

The White House followed up the executive order with a National Security Presidential Memorandum on Sept. 25, 2025, directing federal agencies to investigate and disrupt networks it claimed are responsible for domestic terrorism and political violence. 

The memo framed these activities as motivated by “anti-Americanism, anti-capitalism, and anti-Christianity; support for the overthrow of the United States Government; extremism on migration, race, and gender; and hostility towards those who hold traditional American views on family, religion, and morality.” 

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Advocates immediately criticized the memo and executive order.But even with the executive order and memorandum, the federal government has no mechanism to prosecute individuals for domestic terrorism without evidence of a violent crime, legal experts said. 

A 2023 congressional report noted that, unlike foreign terrorism, there is no formal federal charge for domestic terrorism. The FBI defines domestic terrorism as “violent, criminal acts … to further ideological goals stemming from domestic influences.” 

Authorities cannot charge people with domestic terrorism or membership in a terrorist group unless they commit a violent act advancing an ideological goal. Arrests based solely on association would amount to profiling, which has already prompted lawsuits over unlawful detentions by federal agents.

Linking transgender people to terrorist groups has raised questions about statewide policy at home: How would law enforcement ensure public safety if a portion of the state’s residents are labeled terrorists? How would the state balance cooperation with federal agencies while ensuring that its residents are not unfairly targeted?

Advocates warn that conflating transgender Arizonans — which represent a higher share than the national average — with terrorism could expose them to harassment, discrimination, or unwarranted law enforcement scrutiny, even though there is no credible evidence of a broader threat from the community.

Attorney General Kris Mayes called the Trump administration’s efforts unconstitutional.

“Targeting or surveilling any American based on who they are rather than what they’ve done would fly in the face of the bedrock constitutional protections guaranteed by the First and 14th amendments,” a spokesperson for Mayes said. “Transgender Arizonans deserve the same rights, dignity and legal due process as every other Arizonan.”

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Mayes’ office labeled the Heritage Foundation policy “extreme, unsupported and very likely unconstitutional” and urged federal officials to “abide by the Constitution” and reject efforts to villainize Americans based on gender identity. 

Asked whether she would intervene if the FBI targeted transgender Arizonans, Mayes’ office said she would “have no part in any attempt to weaponize federal agencies against innocent Arizona citizens.”

Phoenix Mayor Kate Gallego also emphasized protecting the constitutional rights of all Arizonans.

“I believe that transgender Americans are a vital aspect of Phoenix’s community and deserve equal rights,” she said in a statement. “Attempts to dehumanize or scapegoat are anathema to my values, and I will always work to protect their humanity.”