Federal Judge Issues Permanent Injunction Against DOJ's SORNA Prosecutions in California

S. Justice Department from prosecuting Californians who fail to register under the Sex Offender Registration and Notification Act (SORNA) if California law does not require them to do so. A district judge issued the permanent injunction on April 9, 2026, following a preliminary injunction.

The case originated from a lawsuit filed by the Pacific Legal Foundation against the DOJ involving four anonymous plaintiffs known as John Does. The plaintiffs challenged a 2021 SORNA rule issued by former Attorney General Merrick Garland.

Failure to comply with this federal rule can result in up to 10 years in federal prison. One plaintiff, John Doe #2, was convicted 21 years ago of a misdemeanor sex offense for which he served 60 days in jail. He was initially required to register as a sex offender in California but later completed intensive therapy, obtained a master's degree in Social Work, had his conviction expunged, and was issued a certificate of rehabilitation.

Under current California law, he is no longer required and is prohibited from registering as a sex offender. Another plaintiff, John Doe #4, was required to register at the time the lawsuit was filed but successfully petitioned to be removed from the California registry.

California's registration requirements are limited to a registrant's address and a copy of their identification, whereas the 2021 SORNA rule requires more extensive information, including social security numbers, remote communication identifiers, work or school information, international travel details, passport, vehicle registration, and professional licenses.

Under SORNA, the government presumes plaintiffs guilty of a federal crime unless they prove their lack of culpability at trial. The permanent injunction specifically blocks the DOJ from prosecuting individuals who failed to fully register without first confirming that California requires the person to register or collects the information mandated by the federal rule.

The Pacific Legal Foundation estimates that thousands of individuals in California face similar penalties under the 2021 SORNA rule. An attorney from the Pacific Legal Foundation said, "This ruling is an important win for the fundamental principle of due process: the government must bear the burden to prove that someone broke the law.