Bipartisan Coalition Urges Congress to Reject Federal AI Preemption

A bipartisan group of 36 state attorneys general is urging Congress to reject an effort backed by the Trump administration and major tech firms to block states from enforcing their own artificial-intelligence regulations. In a letter sent Tuesday to congressional leaders, the attorneys general warned that stripping states of authority to police AI would carry “disastrous consequences” for public safety and vulnerable communities. “While AI promises to be a transformative technology, it also poses significant risks — notably to our children,” the attorneys general wrote. “States must be empowered to apply existing laws and craft new approaches to meet the range of challenges associated with AI.” The letter — signed by attorneys general from both Republican and Democrat states — sets up a direct clash with the administration’s push to preempt state-level rules as tech companies face a wave of new laws taking effect as early as 2026. Industry giants including OpenAI, Google, Meta, and venture-capital heavyweight Andreessen Horowitz have argued for a single national standard rather than what they call an unworkable 50-state patchwork. But with Congress still deadlocked on federal AI legislation, the attorneys general said blocking state laws now would leave Americans exposed. “If Congress is serious about grappling with how AI creates opportunities and challenges for our safety and well-being, then the states look forward to working with you,” they wrote. Many states have already begun moving to contain abuses. Some have criminalized the creation of AI-generated sexual images without consent, restricted AI-driven political deepfakes, and limited how insurers use automated systems to approve or deny healthcare claims. The attorneys general raised alarm over emerging risks, citing cases of generative-AI systems producing “sycophantic and delusional” responses that have encouraged self-harm, violence, and mental-health spirals. They also warned that AI chatbots and so-called digital “companions” have engaged children in inappropriate exchanges, including graphic sexual role-play, suicide encouragement, and manipulation that isolates young users from friends and family. California — home to many of the world’s leading AI developers — has enacted the most sweeping rules so far. Beginning in 2026, companies will be required to disclose what data they use to train AI models, provide mechanisms to detect AI-generated content, and detail how they plan to mitigate catastrophic risks from advanced systems. Colorado has passed a law aimed at preventing algorithmic discrimination in housing, jobs, and education. California Attorney General Rob Bonta and several other attorneys general from states with large tech sectors signed the letter. Earlier this year, the Senate voted 99-1 against an effort to block state AI laws, after lawmakers from both party factions objected to federal preemption. President Donald Trump, however, recently urged Congress to add an AI-preemption provision to the National Defense Authorization Act and has explored legal options to challenge states directly, though sources told Reuters the effort has been paused. “Congress can’t fail to create real safeguards and then block the states from stepping up,” said North Carolina Attorney General Jeff Jackson, one of the letter’s organizer. “If they strip away state authority, they’re going to make it easier for criminals and scammers to hurt people.” The push from attorneys general mirrors a separate effort by more than 200 state legislators, who this week signed their own letter urging Congress to reject federal preemption. A nationwide ban on state AI rules, they warned, would “abruptly cut off active democratic debate” at the exact moment communities are seeking protections.
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