WASHINGTON — The Justice Department has instructed its federal prosecutors to investigate state or local officials who hinder the Trump administration’s efforts to enforce immigration laws, according to a memo obtained by The Associated Press on Wednesday.
The memo, written by Acting Deputy Attorney General Emil Bove, also directs prosecutors to revert to the policy of charging defendants with the most serious crime they can prove, a long-standing approach favored by Republican administrations that limits prosecutorial discretion in favor of pursuing more severe charges.
The memo emphasizes immigration enforcement, directing prosecutors to “take all steps necessary to protect the public and secure the American border” by removing undocumented immigrants and prosecuting them for any crimes committed within U.S. jurisdiction.
Additionally, Bove’s memo warns that state and local officials who obstruct or impede federal immigration enforcement could themselves face legal scrutiny. The Justice Department will investigate any instances where state or local authorities resist or fail to comply with federal immigration-related requests, with potential prosecutions to follow.
“Federal law prohibits state and local actors from resisting, obstructing, or otherwise failing to comply with lawful immigration-related commands and requests,” the memo states. “U.S. Attorneys’ Offices and litigating components of the Department of Justice shall investigate incidents involving such misconduct for potential prosecution.”
This three-page memo marks a sharp shift in priorities from the administration of President Joe Biden, signaling that under President Donald Trump’s leadership, the Justice Department will focus on cracking down on illegal immigration, border security, and transnational crime, including violent gangs and drug trafficking.
“It is the responsibility of the Justice Department to defend the Constitution and, accordingly, to lawfully implement the policies that the American people elected President Trump to execute,” Bove wrote in the memo.
Bove further emphasized that the department’s personnel must work together to enforce the laws passed by Congress and vigorously defend the President’s actions in the face of legal challenges, underscoring the department’s commitment to carrying out the policy objectives of the Trump administration.
