Despite warnings about potential Hatch Act violations, the Biden administration continues to use the term "MAGA Republicans" in official communications. This practice has drawn criticism, especially given concerns about the southern border, economic uncertainty, and other pressing issues.
The Office of Special Counsel (OSC) cautioned the White House against using "MAGA" in official capacities, stating it violates the Hatch Act, which restricts federal employees from engaging in political activities using government resources. The term "MAGA" is directly linked to former President Trump's campaigns, making its use inherently political.

The OSC explicitly advised against using "MAGA" or "Make America Great Again" while on duty, in the workplace, or in any official capacity, including social media, email, and government websites.

White House Press Secretary Karine Jean-Pierre claimed ignorance of the violation, stating they "didn't know" the term was inappropriate. However, a recent memo from White House Deputy Press Secretary Andrew Bates continued to use the term "MAGA," associating it with Republican economic policies. Bates has previously commented on the Hatch Act in other contexts, raising questions about the administration's awareness of the regulations.

Bates later issued another memo using "MAGA" while criticizing House Speaker Kevin McCarthy and the Republican Study Committee's fiscal proposals. The OSC determined that Jean-Pierre's repeated use of "mega MAGA Republicans" before the 2022 midterms constituted a Hatch Act violation. Jean-Pierre has often invoked the Hatch Act herself to deflect questions about Biden's campaign, emphasizing the White House's supposed commitment to following the law.