WASHINGTON — The Justice Department has instructed its federal prosecutors to investigate any state or local officials who may obstruct the strengthened enforcement of immigration laws advocated by the Trump administration. This directive was outlined in a memo obtained on Wednesday. The memo, authored by acting Deputy Attorney General Emil Bove, also calls for the Justice Department’s civil division to collaborate with a newly established Sanctuary Cities Enforcement Working Group. Their mission will be to identify state and local regulations that may undermine the immigration initiatives of the Trump administration and to possibly challenge these policies in court.
This three-page memo indicates a significant shift in enforcement priorities, moving away from those of the Biden Democratic administration. Prosecutors have been explicitly instructed to be at the forefront of a broader administration effort aimed at tightening measures against illegal immigration and border-related crimes. The memo emphasizes an expectation that federal prosecutors will adhere to the policy vision presented by President Trump’s Republican administration, particularly addressing violent crimes, threats from transnational gangs, and issues related to drug trafficking.
Bove asserts in the memo, “It is the Justice Department’s duty to uphold the Constitution and execute the policies endorsed by the American electorate when they voted for President Trump.” Bove, before his current role, was part of the legal team that defended Trump in two criminal cases instituted by the Justice Department. He further stated that it is the essential role of the Justice Department to enforce the laws enacted by Congress vigorously and to uphold the actions of the President in the face of legal challenges. He urged department personnel to unite in carrying out this significant task funded by taxpayers.
The memo also outlines that federal prosecutors should take necessary steps to safeguard the public and enforce border security by removing unauthorized immigrants from the country and prosecuting those who commit crimes within U.S. jurisdiction. It suggests that an increase in immigration cases is on the horizon, instructing U.S. attorney’s offices nationwide to keep the courts informed about this forthcoming policy changes and to prepare procedures for managing the heightened number of prosecutions. Any decision made by federal prosecutors to refrain from prosecuting immigration violations needs to be reported to Justice Department headquarters in what are termed “urgent reports,” which update leadership on essential law enforcement issues or other significant national matters.
Additionally, the directive specifically highlights that prosecutors should examine cases where state and local officials obstruct federal operations for potential criminal charges, citing conspiracy and laws against harboring unauthorized individuals. It asserts, “Federal law forbids state and local actors from resisting or failing to comply with lawful immigration-related directives.” The U.S. Attorney’s Offices and litigating divisions within the Justice Department are tasked with investigating any misconduct related to this matter for possible prosecution.
Moreover, the Justice Department has ordered the FBI’s Joint Terrorism Task Forces to support the execution of President Trump’s immigration-related policies, although the memo provided no details on what such assistance would entail. The department has also mandated that various components, including the FBI and the federal Bureau of Prisons, share any identifying information they have about individuals believed to be unlawfully in the country with the Department of Homeland Security, specifically to facilitate necessary removals and enforcement actions.
In addition, the memo signals a return to the practice of charging defendants with the most serious offenses provable, a core stance of prior Republican administrations aimed at limiting prosecutorial discretion regarding lesser charges. It also rescinds certain policies set by Attorney General Merrick Garland during the Biden administration, such as those introduced to address sentencing discrepancies associated with different forms of cocaine. Bove indicated that the most severe charges are those that carry the possibility of death or significant mandatory minimum sentences.
It is typical for Justice Departments to shift enforcement focus under a new presidential administration in alignment with the objectives set forth by the White House. This memo illustrates the ongoing dynamic between Democratic and Republican administrations regarding resource allocation to what each sees as the most pressing threats. The directive to pursue the most readily provable charges echoes instructions from past Republican attorneys general while contrasting with the approaches of Democratic attorneys general, who have traditionally offered more leeway for prosecutorial discretion.
