Justice Department orders crackdown on local, state officials blocking Trump immigration policies
CHICAGO - The Justice Department is directing its federal prosecutors to investigate any state or local officials who stand in the way of beefed-up enforcement of immigration laws under the Trump administration, according to a memo to the entire workforce obtained by The Associated Press on Wednesday.
The Memo
What we know:
The memo, written by acting Deputy Attorney General Emil Bove, is instructing the Justice Department's civil division to help identify state and local laws and policies that "threaten to impede" the Trump administration's immigration initiatives and potentially challenge them in court.
Prosecutors shall "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 U.S. jurisdiction, the memo says.
It directs prosecutors to investigate for potential criminal charges cases in which state and local officials obstruct or impede federal functions.
"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."
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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.
What we don't know:
Details about specific state or local laws or officials under investigation have not been disclosed.
Additionally, it remains unclear how this directive will impact relationships between federal and local authorities, especially in areas with policies at odds with federal immigration priorities.
The backstory:
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.
Local perspective:
Chicago Mayor Brandon Johnson, doubled down this week on his vow to oppose President Donald Trump's sweeping reform aimed at removing undocumented immigrants accused of crimes from the U.S.
Prior to the change in federal administration, the mayor’s office assured the city would continue to comply with the 2017 Illinois Trust Act, which prohibits local law enforcement from participating in federal immigration enforcement.
"Chicago stands strong: regardless of the circumstances, our commitment to protecting and supporting this city remains unwavering," Johnson wrote in a social media post. "We will continue to fight for the justice and safety of all who call this place home."
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Chicago ICE guidance
What's next:
City agencies are prepared to follow Johnson’s guidelines on handling ICE interactions, emphasizing a legal and cautious approach.
Johnson’s guidelines advise, "Contact your agency or department’s designated attorney or general counsel for further guidance. Contact the highest ranking official or designated supervisor onsite and do not take any action until that person arrives."
The guidance says to demand copies of warrants, not to consent to ICE entering "any private or ‘sensitive’ locations," but not to interfere with any search, even if refused. There are further recommendations, including taking notes and keeping contemporaneous written records.
What is the ‘Welcoming City Ordinance?'
What we know:
The ordinance stops city agencies and employees from getting involved in civil immigration enforcement or helping federal authorities with such efforts.
The ordinance outlines specific restrictions, including the following:
- Agencies and agents cannot stop, arrest or detain individuals based solely on their immigration status or an administrative warrant, such as those found in the FBI’s National Crime Information Center database.
- Immigration and Customs Enforcement (ICE) agents cannot access detainees or use city facilities for investigative purposes.
- City employees are restricted from spending time responding to ICE inquiries about a person’s custody status, release date, or contact information unless it is to determine whether a situation involves solely civil immigration violations.
- Agencies are barred from entering agreements under federal law that allow local entities to enforce federal civil immigration law.
- The transfer of individuals into ICE custody for the purpose of civil immigration enforcement is prohibited.
- City resources cannot be used to assist civil immigration operations, such as setting up traffic perimeters or providing on-site support.
CPD has to follow certain protocols when ICE or other federal agencies ask for help.
Supervisors are responsible for figuring out if the request is about civil immigration enforcement. If it is, they have to decline the request and notify the Office of Emergency Management and Communications.
Chicago also has rules in place to limit how city agencies handle information about people’s immigration or citizenship status.
For example, agencies can’t ask for, keep, or share this information unless federal law, a court order, or a warrant says they have to. There are some exceptions, like if someone gives written permission or if the city’s legal team needs it for certain legal matters.
Also, applications and forms for city services can’t ask about someone’s citizenship or immigration status. Departments need to check and update these forms every year to make sure they’re following the rules.
Finally, federal agencies can’t access city databases or data-sharing platforms if they’re trying to enforce civil immigration laws.
Illinois Trust Act
What we know:
Illinois has set limits on what local law enforcement can do when it comes to federal immigration enforcement through the Illinois Trust Act and its updates. These rules make sure local officers aren’t getting involved in civil immigration matters unless absolutely necessary.
The law includes the following:
- Local law enforcement can’t hold someone just because of an immigration detainer or civil immigration warrant.
- Officers can’t question or investigate someone’s immigration status unless the law specifically requires it—though there are some exceptions, like for federal firearm checks or international agreements.
- Local agencies can’t help with federal immigration operations, share information about detainees, or transfer someone into federal custody for civil immigration issues, unless required by law or a criminal warrant.
- Illinois also doesn’t allow local or state agencies to make or renew contracts to detain people for civil immigration violations. Any existing contracts had to end by January 2022.
- Lastly, someone’s citizenship or immigration status can’t affect their access to benefits, services, or opportunities, like education or rehabilitation programs, while they’re in custody or on probation.
The Illinois Attorney General has the authority to investigate violations, issue subpoenas, and pursue legal action to ensure compliance with the law.
What the Chicago Police Department is Saying
What they're saying:
CPD released the following statement Monday afternoon regarding the Welcome City Ordinance.
In accordance with the City of Chicago’s Municipal Code, which includes the Welcoming City Ordinance, 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.
CPD is prohibited by the Welcoming City Ordinance from participating in civil immigration enforcement operations or assisting in the civil enforcement of federal immigration law. CPD’s Responding to Incidents Involving Citizenship Status policy also states that if the Department receives a request from an immigration agency to provide assistance with a civil immigration enforcement operation, a supervisor will respond to the scene. If the request is to assist in the enforcement of civil immigration law, the supervisor will decline the request. If the request is unrelated to civil immigration law, appropriate police action will be taken. The Responding to Incidents Involving Citizenship Status policy was recently revised to require a supervisor of higher rank (a Watch Operations Lieutenant or Street Deputy) to respond to the scenes of these requests, in addition to the previously required supervisor from the district of occurrence.
To be clear, the Chicago Police Department will not assist or intervene in civil immigration enforcement in accordance with the City of Chicago Municipal Code. As always, we will continue to enforce the law if a crime occurs, regardless of the citizenship status of those involved.
The Source: This article contains information from the Illinois Trust Act, the Welcoming City Ordinance, the Chicago Police Department, the mayor's office and the Associated Press