DOJ to investigate state or local officials who obstruct immigration enforcement: memo

The Justice Department wants federal prosecutors across the country to investigate state or local officials who obstruct immigration enforcement under President Donald Trump's new administration, according to a new memo obtained by Fox News. 

In the memo, Acting Deputy Attorney General Emil Bove, Trump's former defense attorney, outlines "interim decisions and policy changes" pending the confirmation of Trump’s nominee for U.S. Attorney General, Pam Bondi. He said interim changes are necessary as an initial response to Trump’s executive orders regarding "three of the most serious threats facing the American people." 

Those threats, Bove wrote, are cartels and other transnational criminal organizations, such as Tren de Aragua (TdA) and La Mara Salvatrucha (MS-13), which "are a scourge on society resulting in an unstable and unsafe border and huge flows of illegal immigration in violation of U.S. law." The memo said the second threat is how "brutal and intolerable violent crime by members of these organizations and illegal aliens is escalating rapidly across the country." The third threat defined by Bove is how the "fentanyl crisis and opioid epidemic are poisoning our communities and have inflicted an unprecedented toll of addiction, suffering, and death." 

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"The Justice Department must, and will, work to eradicate these threats," Bove wrote. "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 memo states that the Supremacy Clause of the U.S. Constitution and other authorities "require state and local actors to comply with the Executive Branch's immigration enforcement activities." 

Bove reiterated how "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." 

Bove said U.S. Attorneys Offices "and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution, including for obstructing federal functions" in violation of federal statutes.