Internal Memo Directs Prosecutors to Investigate State and Local Efforts to Obstruct Immigration Enforcement
According to a memo written by acting Deputy Attorney General Emil Bove that was distributed across the Justice Department earlier this week, leadership is directing prosecutors to investigate any state or local officials who could seek to impede the new administration’s enforcement of immigration laws and possibly prepare to challenge them in court. Prosecutors are directed to “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” committed in the United States, and directs prosecutors to bring charges in situations where state and local officials may not cooperate with the federal government or make them aware of such crimes to protect immigrants from federal prosecutions. “Federal law prohibits state and local actors from resisting, obstructing and otherwise failing to comply with lawful immigration-related commands and requests, 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 memo also directs prosecutors to charge an individual with the most serious crime possible that they can prove, a tough-on-crime measure designed to limit prosecutorial discretion in individual cases.
Chicago on Forefront of Immigration Enforcement
The city of Chicago, a so-called “Sanctuary City” for immigrants that limits the extent to which the local law enforcement and government will share information with federal immigration law enforcement, and other similar cities have drawn the focus of the new administration with rumors of increased immigration raids swirling in Chicago. The Trump administration announced that they could target schools and churches in the future, which under the previous administration were banned from being targeted after being classified as “sensitive” areas. “Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense,” a DHS spokesperson said in response to the new policy. The Chicago Police Department issued a statement that, “The Chicago Police Department does not assist federal immigration authorities with enforcement action solely based on immigration status. Additionally, CPD does not document immigration status and does not share such information with federal authorities.” While the rumored raids have yet to materialize, many activists are preparing for increased enforcement by federal officials in the near future. If you or someone you know is being detained, has been arrested, or otherwise subject to legal proceedings that could impact your status, make sure to contact an experienced attorney who can help defend you.
