DOJ threatens local officials on migrant crackdown

Federal prosecutors have been told to investigate any official who obstructs Trump's deportation efforts

Donald Trump and his lawyer Emil Bove
Donald Trump and his former lawyer, now acting Deputy Attorney General, Emil Bove
(Image credit: Mark Peterson-Pool / Getty Images)

What happened

The Justice Department directed federal prosecutors Wednesday to investigate and potentially file criminal charges against state and local officials deemed to be "resisting, obstructing and otherwise failing to comply" with the Trump administration's ramped-up migrant deportation efforts.

Who said what

The memo, signed by acting Deputy Attorney General Emil Bove, was an "apparent warning to the dozens of so-called sanctuary jurisdictions across America," The Associated Press said. Those cities and states typically limit cooperation between police and federal immigration officials, except on serious or violent crimes.

Bove, one of President Donald Trump's former criminal defense lawyers, said federal laws "require state and local actors to comply with the executive branch's immigration enforcement initiatives." But courts have "repeatedly upheld most sanctuary laws," the AP said, and legal experts were skeptical charges of the kind Bove envisioned "would have any traction in court."

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"Nothing obligates local law enforcement to cooperate with federal law enforcement on any issue," said constitutional scholar and immigration lawyer Robert J. McWhirter to the AP. "Not even bank robbery." California Attorney General Rob Bonta dismissed the memo as a Trump "scare tactic" to intimidate "state and local law enforcement into carrying out his mass deportation agenda for him," adding that his office was ready should the "vague threats turn to illegal action."

What next?

Bove also redirected FBI counterterrorism task forces to shift focus from terrorism to assisting in the "execution of President Trump's immigration-related initiatives," and gave federal law enforcement agencies 60 days to scour their records for any information on immigrants living illegally in the U.S. The memo is "likely to face fierce blowback from legal advocacy groups" and sanctuary jurisdictions that "frustrated" Trump's "mass deportation plans during his first term," The Washington Post said.

Rafi Schwartz, The Week US

Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.