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Justice Department to Investigate Obstruction of Immigration Enforcement

Under the new Trump administration, the Justice Department is directing federal prosecutors nationwide to investigate state and local officials who hinder immigration enforcement. This directive comes from a memo obtained by Fox News, authored by Acting Deputy Attorney General Emil Bove, who previously served as Trump's defense attorney.

The memo outlines interim policy adjustments pending the confirmation of Trump's Attorney General nominee, Pam Bondi. These changes are framed as an initial response to Trump's executive orders addressing what Bove identifies as three critical threats: transnational criminal organizations (like MS-13 and Tren de Aragua) contributing to illegal immigration and border instability; escalating violent crime by these groups and undocumented individuals; and the opioid crisis fueled by fentanyl.

DOJ seal

The Department of Justice seal.

Bove emphasizes the Justice Department's commitment to addressing these threats and upholding the Constitution by enforcing laws passed by Congress and defending the President's actions. He underscores the importance of collaboration within the department to achieve these goals.

Citing the Constitution's Supremacy Clause, the memo mandates state and local compliance with federal immigration enforcement efforts. It reiterates that federal law prohibits obstructing lawful immigration-related directives from the Executive Branch, citing the President's Article II authority, the Immigration and Nationality Act, and the Alien Enemies Act.

Pam Bondi Trump attorney general

Pam Bondi, President Trump's nominee for Attorney General, during her confirmation hearing.

U.S. Attorneys Offices and relevant Justice Department components are instructed to investigate potential instances of misconduct, including obstruction of federal functions, for possible prosecution. The memo also highlights concerns about laws and actions that could impede Executive Branch immigration initiatives, particularly those restricting information sharing with federal immigration authorities. The Civil Division, in collaboration with the Sanctuary Cities Enforcement Working Group, will identify and potentially challenge state and local laws conflicting with federal immigration policies.

Emil Bove in court

Emil Bove observing a court appearance of then-President-elect Donald Trump.