Justice Department instructs prosecutors to investigate local actions hindering immigration enforcement efforts

The Justice Department has instructed its federal prosecutors to look into any state or local authorities who obstruct the enforcement of immigration laws under the Trump administration. This directive was outlined in a memo obtained by The Associated Press on Wednesday.

Acting Deputy Attorney General Emil Bove authored the memo, which also tasks the Justice Department’s civil division with identifying state and local laws that could hinder the administration’s immigration efforts and potentially challenging them legally.

The memo emphasizes the importance of safeguarding the public and securing the American border by deporting illegal immigrants and prosecuting them for any crimes committed within the U.S. It specifically calls for investigations into cases where state or local officials obstruct federal functions, potentially leading to criminal charges.

“Federal law prohibits state and local actors from resisting, obstructing and otherwise failing to comply with lawful immigration-related commands and requests,” the memo says. “The U.S. Attorney’s Offices and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution.”

The three-page memo signals an immediate and sharp turnabout in priorities from President Joe Biden’s Democratic administration, with prosecutors told in no uncertain terms that they will be on the front lines of an administration-wide effort to crack down on illegal immigration and border crime and that they are expected to carry out the policy vision of President Donald Trump’s Republican White House when it comes to violent crimes, the threat of transnational gangs and drug trafficking.

“Indeed, it is the responsibility of the Justice Department to defend the Constitution, and accordingly, to lawfully execute the policies that the American people elected President Trump to implement,” Bove wrote in the memo obtained by the AP.

“The Justice Department’s responsibility, proudly shouldered by each of its employees, includes aggressive enforcement of laws enacted by Congress, as well as vigorous defense of the President’s actions on behalf of the United States against legal challenges,” Bove added. “The Department’s personnel must come together in the offices that taxpayers have funded to do this important work.”

The memo also says the department will return to the principle of charging defendants with the most serious crime it can prove, a staple position of Republican-led departments meant to remove a prosecutor’s discretion to charge a lower-level offense.

“The most serious charges are those punishable by death where applicable, and offenses with the most significant mandatory minimum sentences,” Bove wrote.

It is common for Justice Departments to shift enforcement priorities under a new presidential administration in compliance with White House policy ambitions. The memo reflects the constant push-and-pull between Democratic and Republican administrations over how best to commit resources to what officials regard as the most urgent threat of the time.

The edict to charge the most readily provable offense, for instance, is consistent with directives from prior Republican attorneys general including John Ashcroft and Jeff Sessions, while Democratic attorneys general including Eric Holder and Merrick Garland have replaced the policy and instead encouraged prosecutorial discretion.