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DOJ to investigate officials who obstruct enforcement of immigration laws

Acting Deputy Attorney General Emil Bove detailed that the changes are necessary to address the president's priorities on illegal immigration issues.

Border Patrol agents with a group of immigrants in California.

Border Patrol agents with a group of immigrants in California.Frederic J. Brown / AFP

Williams Perdomo
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2 minutes read

The Justice Department plans to have federal prosecutors across the country investigate state or local officials who obstruct immigration enforcement under President Donald Trump's administration.

The information was learned from a memo published by Fox News signed by Acting Deputy Attorney General Emil Bove. The document outlines interim changes while the confirmation of Pam Bondi as attorney general awaits.

In that regard, according to the document, Bove detailed that the changes are necessary to address the president's priorities on illegal immigration issues, primarily the threats posed by drug cartels and criminal groups such as Tren de Aragua (TdA) and La Mara Salvatrucha (MS-13).

"[These cartels] are a scourge on society resulting in an unstable and unsafe border and huge flows of illegal immigration in violation of U.S. law," Bove noted.

"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. 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. The Department's personnel must come together in the offices that taxpayers have funded to do this vitally important work," the document added.

Similarly, the memo detailed that the Supremacy Clause of the Constitution and other authorities "require state and local actors to comply with the Executive Branch's immigration enforcement activities."

In addition, Bove noted that "federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests, pursuant to, for example, the President's extensive Article II authority with respect to foreign affairs and national security, the Immigration and Nationality Act, and the Alien Enemies Act."

"Litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution, including for obstructing federal functions," the memo added.

In addition, the acting deputy attorney general noted that the Civil Division will work with the newly created Sanctuary Cities Act Enforcement Task Force within the Office of the Associate Attorney General to identify state and local laws, policies and activities that are inconsistent with the executive branch's immigration initiatives and, where appropriate, take legal action to challenge the laws.

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