The Trump administration has escalated its crackdown on illegal immigration by directing US prosecutors to investigate and potentially criminally charge state and local officials who obstruct federal immigration enforcement.
This aggressive directive was outlined in a memo by Emil Bove, the acting deputy attorney general and a Trump appointee.
The memo, dated Tuesday and made public Wednesday, declares, “Federal law prohibits state and local actors from resisting, obstructing or otherwise failing to comply with lawful immigration-related commands and requests.”
It warns that officials who defy immigration enforcement could face charges under federal laws against defrauding the United States or harbouring undocumented immigrants.
If prosecutors decide against pressing charges in such cases, the memo requires them to notify Justice Department leadership. The move aligns with President Donald Trump’s longstanding hardline stance on immigration, which he declared a national emergency on his first day in office. His administration has introduced measures such as deploying the US military to aid border security, banning asylum applications broadly, and seeking to limit citizenship rights for children born on American soil.
The memo also reinstates a policy from Trump’s first administration under former Attorney General Jeff Sessions, which urged prosecutors to prioritise the most serious offenses, including those punishable by death or carrying significant mandatory minimum sentences.
“Prosecutors should charge and pursue the most serious, readily provable offenses,” it said. “The most serious offenses are those punishable by death … and offenses with the most significant mandatory minimum sentences.”
The directive comes in the wake of the sudden removal of four senior immigration officials from the Executive Office of Immigration Review (EOIR), the body that oversees immigration courts. Among those dismissed were Mary Cheng, the office’s former director, and Chief Immigration Judge Sheila McNulty. Sources revealed that McNulty had previously been targeted by the conservative American Accountability Foundation’s “bureaucrat watch list.”
This restructuring follows Trump’s executive orders on illegal immigration, which also included reinstating the federal death penalty and instructing the attorney general to seek capital punishment for undocumented immigrants who commit capital offenses.
The memo ties the administration’s push for stricter enforcement to threats posed by international gangs and drug cartels. Trump has even designated certain cartels as “foreign terrorist organisations” in a separate executive order. Bove reinforced the administration’s stance, writing, “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.”
This directive underscores the administration’s commitment to enforcing its immigration policies while sending a stern warning to state and local officials who may seek to resist federal mandates. As Trump resumes his second term, his administration appears poised to double down on the controversial immigration policies that have defined his presidency.
Melissa Enoch
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