President Donald Trump has revoked Secret Service protection for Joe Biden‘s two adult children.
Why It Matters
Revoking Secret Service protection for Biden’s two adult children would place them at greater risk of a physical attack. That applies especially to Hunter Biden, who has been a frequent hate figure for fringe conservatives.
Newsweek sought email comment on Tuesday from the Secret Service and Hunter Biden’s attorney.
U.S. President Donald Trump in the Oval Office of the White House on March 13, 2025 in Washington, D.C. U.S. President Donald Trump in the Oval Office of the White House on March 13, 2025 in Washington, D.C. Andrew Harnik/Getty Images
What To Know
By federal law, the Secret Service is authorized to protect former presidents and their spouses, except when the spouse remarries. They are also authorized to protect the children of former presidents until age 16.
However, a president can use an executive order to mandate Secret Service protection for children of former presidents who are over 16 years old. That can only last for six months after the president has left office.
Biden extended protection for his children by six months, as did Presidents George W. Bush, Barack Obama and Trump.
Hunter and Ashley Biden’s extended protection was still in place, as Joe Biden left office on January 20, 2025.
As this extension is created by executive order, it does appear at least legally arguable that it could be revoked by executive order.
Could Trump Revoke Joe and Jill Biden’s Secret Service Protection?
In 1965, Congress authorized the Secret Service, under Public Law 89-186, to protect a former president and his or her spouse during their lifetime, unless they decline protection.
It seems highly likely that Trump could revoke this Congressional legislation.
Could Trump Revoke Secret Service Protection From Democratic Candidates in the Next Election Cycle?
Under federal law [18 United States Code § 3056], the Secret Service is mandated to protect major presidential and vice presidential candidates and their spouses within 120 days of a presidential election.
The Secret Service website states that “as defined in statute, the term ‘major presidential and vice presidential candidates’ means those individuals identified as such by the Secretary of Homeland Security after consultation with an advisory committee.
“The Secret Service has no role in determining who is to be considered a major candidate.
“The Homeland Security Secretary determines who qualifies as a major candidate and when such protection should commence under the authority of Title 18, United States Code, Section 3056. This determination is made in consultation with an advisory committee composed of the Speaker of the House; the House Minority Whip; Senate Majority Leader; Senate Minority Leader and one additional member chosen by the committee,” the Secret Service website states.
While it is unlikely that Trump could override Congressional law, he could tell his Homeland Security secretary that the Democratic candidate should not be granted Secret Service protection.
However, as the advisory committee is bipartisan to avoid such a scenario, it is doubtful, but not impossible, that such a request would succeed.
Can Trump Remove Protection From Visiting Heads of State?
By federal law, the president, the vice president, the president-elect and vice president-elect all receive protection, as do “visiting heads of foreign states or governments and their spouses traveling with them, other distinguished foreign visitors to the United States, and official representatives of the United States performing special missions abroad,” according to the Secret Service website.
As this is mandated by Congressional law, it is highly unlikely that Trump could remove such protection.
Can Trump Remove Protection From Special Cases?
Secret Service protection is also given to “other individuals as designated per Executive Order of the President,” according to the Secret Service website.
The president could likely remove protection from anyone placed on this list by himself or a former president.
Can Trump Remove the Secret Service From the DNC?
National Special Security Events, designated as such by the Department of Homeland Security secretary, are also included in Secret Service protection. This typically includes the Republican and Democratic National Conventions. The president could tell his Homeland Security Secretary to remove such protection.
What People Are Saying
President Donald Trump wrote on his social media site, Truth Social, on March 17: “Hunter Biden has had Secret Service protection for an extended period of time, all paid for by the United States Taxpayer. There are as many as 18 people on this Detail, which is ridiculous! He is currently vacationing in, of all places, South Africa, where the Human Rights of people has been strenuously questioned.”
Trump added: “Please be advised that, effective immediately, Hunter Biden will no longer receive Secret Service protection. Likewise, Ashley Biden who has 13 agents will be taken off the list.”
What Happens Next
As this is largely untested legal territory, Hunter and Ashley Biden could launch an appeal to the federal courts.
As the protection would expire in July, the Bidens could request an emergency temporary injunction while the court considers the legal issues involved.
