The Justice Department is instructing federal prosecutors to probe state and local officials who may obstruct enhanced immigration enforcement under the policies set forth during the Trump administration, according to an internal memo that has been accessed.
This communication, drafted by Acting Deputy Attorney General Emil Bove, also calls upon the department’s civil division to identify any state or local laws or policies that could hinder the administration’s immigration strategies and potentially challenge these in legal settings.
In the memo, it is emphasized that prosecutors should “take all steps necessary to protect the public and secure the American border by removing illegal aliens from the country and prosecuting illegal aliens for crimes” that take place within the U.S.
Furthermore, it instructs that investigations should be launched into scenarios where state or local officials impede or obstruct federal functions, with a view towards filing criminal charges.
The memo clearly states, “Federal law prohibits state and local actors from resisting, obstructing and otherwise failing to comply with lawful immigration-related commands and requests.”
U.S. Attorney’s Offices and other litigating divisions within the Justice Department are tasked with investigating any occurrences of such misconduct for potential prosecution.
This three-page document highlights a significant shift in focus compared to the administration of President Joe Biden, as prosecutors are instructed that they will play a pivotal role in a comprehensive effort to intensify actions against illegal immigration and border-related crimes.
The memo reflects a commitment towards addressing violent crime, transnational gang threats, and drug trafficking in line with Trump-era policies.
Bove’s memo articulates the Justice Department’s duty to uphold the Constitution and execute the policies that led to President Trump’s election, underscoring the department’s responsibility to aggressively enforce laws crafted by Congress and to defend the President’s initiatives against legal challenges.
He emphasizes the importance of cooperation among department personnel as they undertake this prominent work funded by taxpayers.
Additionally, the memo reaffirms a commitment to charging defendants with the most serious offenses that can be substantiated, a traditional stance upheld by Republican administrations aimed at curtailing a prosecutor’s discretion in favor of pursuing more severe charges.
Bove specifies that the most serious charges may include death penalty-eligible offenses or those carrying significant mandatory minimum sentences.
Changes in enforcement priorities within the Justice Department often occur with new presidential administrations as they seek to align with White House policy goals.
The memo signifies the ongoing tension between Democratic and Republican administrations regarding the allocation of resources to address what each considers pressing threats.
The directive to pursue the most provable offenses resonates with previous Republican attorneys general, contrasting with the approaches of Democratic counterparts, such as advocating for prosecutorial discretion.
