DOJ threatens to sue local officials for immigration: NPR

WASHINGTON, DC — State and local officials who fail to cooperate with tougher immigration enforcement could face federal prosecution, according to a Justice Department memo released Tuesday.

The three-page memo, which was sent to the entire DOJ staff by Acting Deputy Attorney General Emil Bove, seeks to realign the department’s positions on immigration with President Trump’s executive actions, and it rolls back several of the Biden administration’s key immigration policies.

The memo says prosecutors should return to the principle of charging defendants with the “most serious and easily provable offense,” thereby removing discretion to charge defendants with a lower-level offense.

Bove also calls on U.S. attorneys to investigate and potentially prosecute local officials who obstruct immigration authorities.

“Federal law prohibits state and local actors from resisting, obstructing, or failing to comply with lawful orders or requests related to immigration,” the memo states, raising the possibility of charges for receiving immigrants without legal status or for failure to share information with immigration authorities.

That sets the stage for possible legal action against local officials in so-called sanctuary cities and states who limit their cooperation with U.S. Immigration and Customs Enforcement.

One of these cities is Chicago, where immigrant communities prepare for the possibility of large-scale implementation immigration raids.

In a interview with NPR Morning Edition On Tuesday, Chicago Mayor Brandon Johnson reiterated that the city would maintain its sanctuary policy.

“We are firm that our police department will not intervene or participate in any way” in immigration enforcement, Johnson said. “Whether you are undocumented, seeking asylum, or looking for a good-paying job, we will fight and defend workers.”

President Trump and his appointees have often threatened to punish sanctuary jurisdictions. During the first Trump administration, the Justice Department attempted to cut off funding for sanctuary cities. But they fought back and often managed to defeat these efforts in court.

Bove is a former federal prosecutor who was part of Trump’s defense team in the New York state criminal trial, where he was convicted of falsifying business records, as well as in federal cases in Florida and in Washington.

This week’s DOJ memo, which outlines “interim policy changes” pending confirmation from the U.S. Attorney General, mentions the existence of a “newly established Sanctuary Cities Enforcement Task Force.”

Its goal, the memo states, is to identify state and local policies or laws that are “inconsistent” with the Trump administration’s enforcement efforts and “where appropriate, take legal action to challenge those laws “.

Courts correspondent Ryan Lucas contributed to this story.