Due Process

Federal Judge Delivers Due Process Win Against DOJ Registry Overreach

The Justice Department is permanently blocked from prosecuting Californians who fail to register when the state no longer requires it.

Autumn Billings | 4.16.2026 11:26 AM

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(Photo: Lane Erickson/Dreamstime/Pacific Legal Foundation)

To protect the fundamental right to due process, a federal judge has permanently blocked the Justice Department (DOJ) from prosecuting Californians who fail to register under the Sex Offender Registration and Notification Act (SORNA) if the state doesn't require them to do so. 

In a lawsuit filed by the Pacific Legal Foundation (PLF), a public-interest law firm, four John Does described the impossibility of complying with the DOJ. A rule issued by former Attorney General Merrick Garland in 2021 required anyone who's ever been convicted of a sex offense to register with their state, regardless of whether their state's laws match the federal requirements. Anyone who fails to fully register faces up to 10 years in federal prison. 

This new rule was particularly........

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