Nearly 40 State Attorneys General Tell Congress: Don’t Preempt State AI Laws

Nearly 40 state attorneys general sent a joint letter to congressional leaders urging them to reject any federal ban that would prevent states from passing their own artificial intelligence regulations. The group — 36 attorneys general — acknowledged AI’s potential but warned that serious harms demand local and state-level responses.

The letter, addressed to House Speaker Mike Johnson (R-La.), House Minority Leader Hakeem Jeffries (D-N.Y.), Senate Majority Leader John Thune (R-S.D.) and Senate Minority Leader Chuck Schumer (D-N.Y.), highlights concerns about deepfakes, voice cloning, scams and the growing risks posed by generative AI systems.

“While AI promises to be a transformative technology in numerous fields, it also poses significant risks—notably to the most vulnerable among us, our children. States must be empowered to apply existing laws and formulate new approaches to meet the range of challenges associated with AI,” the attorneys general wrote.

The letter warns that some generative AI outputs are causing serious mental-health harms. It calls out troubling interactions between AI chatbots or ‘companions’ and young people, including sexualized roleplay, encouragement of self-harm, promotion of eating disorders, and guidance that discourages real-life social connections.

“We are also deeply troubled by sycophantic and delusional generative AI outputs plunging individuals into spirals of mental illness, suicide, self-harm, and violence,” the letter states.

North Carolina Attorney General Jeff Jackson (D), who coordinated the letter, said Congress should not remove state authority to act. “Congress can’t fail to create real safeguards and then block the states from stepping up,” he said, warning that stripping state power would make it easier for criminals and scammers to exploit AI as the technology advances.

The appeal comes as some congressional Republicans push to include a federal preemption of state AI laws in next year’s military funding bill. Earlier efforts this year included Sen. Ted Cruz (R-Texas) attempting to add similar language to broader legislation, a move that met resistance from other senators such as Sen. Marsha Blackburn (R-Tenn.). In recent months, the White House has expressed support for advancing AI development “unencumbered by bureaucratic red tape,” and there have been reports that a federal executive order to limit state regulation has been considered.

Separately, more than 200 state legislators signed a different letter urging Congress to preserve state and local authority over AI and automated decision systems. That letter warns that a blanket federal prohibition on state and local regulation would stifle democratic debate at the statehouse level and halt timely, locally tailored policymaking just when communities are seeking responsive solutions.

Supporters of preserving state authority argue that states serve as laboratories for policy innovation and can respond quickly to emerging harms, while opponents of patchwork regulation say national standards could ensure consistency for developers and interstate commerce. The attorneys general’s letter urges lawmakers to allow states to continue shaping protections that reflect local needs and protect vulnerable populations.