3 Federal Laws, Criminal Sanctions, and a 250-Foot Arch Trump Can't Build Without Congress

Lawmakers Told Officials They Face Criminal Penalties

House Democrats sent a letter on June 15, 2026 to Interior Secretary Doug Burgum and National Park Service officials warning that building Trump’s proposed 250-foot triumphal arch without Congress could trigger personal fines, suspension without pay, removal from office, and criminal imprisonment. The letter names three federal laws the administration would violate.

Sen. Angus King, an independent from Maine who has practiced law for over 50 years, called the project “unequivocally illegal” and “one of the clearest legal situations I’ve encountered.”

Three Laws Stand Between the Arch and Construction

The Commemorative Works Act of 1986 bars new monuments on federal land in Washington without express authority of Congress. It also imposes site review, design review, and a 25-year waiting period for most commemorations. The arch would sit on federal parkland near the Lincoln Memorial and Arlington National Cemetery. Congress has not authorized it.

A 1912 federal statute states that buildings and structures “shall not be erected” on federal land in the capital “without express authority of Congress.” Same site, same problem.

The Height of Buildings Act of 1910 caps Washington buildings at 130 feet, with a 160-foot exception on a small stretch of Pennsylvania Avenue. The arch is 250 feet. That is 90 feet over the absolute legal maximum.

Every major memorial in Washington went through Congress. The Lincoln Memorial. The World War II Memorial. The MLK Memorial. The administration has not identified a single precedent for bypassing this process.

The Administration Says It Does Not Need Permission

Trump has said he does not need Congress, claiming the land is owned by the Interior Department. The Department of Justice cited a 1924 Arlington Memorial Bridge Commission report as prior authorization, arguing Congress already approved a monumental structure at this location a century ago. The columns envisioned in 1924 were 166 feet and were never built.

The administration recently told a court it can do “whatever it wants” if it moves quickly enough because courts are slow. That argument treats the separation of powers as a speed problem, not a legal obligation.

Courts and Veterans Are Already Fighting It

Vietnam War veterans sued in February 2026 to block the arch, citing the Commemorative Works Act. Their case argues Congress never authorized this structure and the administration cannot create its own authorization after the fact.

The same legal theory is partially blocking the White House ballroom project, where a judge halted above-ground construction pending congressional approval. The U.S. Commission of Fine Arts approved the arch design in May 2026, but that panel is advisory only. It cannot authorize construction, appropriate funds, or override federal law.

Congress Is Using Every Tool It Has

The June 15 letter is not a policy objection. It is a direct, personal-accountability threat to named officials. That is rare. Lawmakers listed the specific criminal sanctions each official faces if they proceed.

This pairs with a coordinated legal and legislative strategy. Ranking Member Jared Huffman, Reps. Maxine Dexter and Julia Brownley led the House letter. Senators King, Martin Heinrich, and Jeff Merkley filed an amicus brief opposing the arch in federal court.

Reps. Dina Titus and Don Beyer introduced H.R. 9047, the Arlington National Cemetery Viewshed Protection Act, to explicitly prohibit the arch and ban federal funding for it. The bill has 38 Democratic cosponsors but no Republican support. Chairman Bruce Westerman controls the House Natural Resources Committee and has not scheduled a hearing.

The bill is a long shot. The letter threatening criminal penalties is the sharper weapon.

What You Can Do Now

Call your representative at (202) 224-3121 and ask them to cosponsor H.R. 9047, the Arlington National Cemetery Viewshed Protection Act, which bans the arch and prohibits federal funding for it. The bill is in the House Natural Resources Committee.
Call both of your senators and ask them to sign on to the Huffman-King-Merkley amicus brief opposing the arch in federal court.
If your representative sits on the House Natural Resources Committee, ask them to demand Chairman Westerman schedule a hearing on H.R. 9047. The full committee roster is here.
Contact the National Park Service public comment process and oppose the arch. The National Capital Planning Commission accepted public comments in June 2026.