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ImmigrationProf Blog
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Trump administration warns sanctuary city, state officials

By immigrationprof

Sarah N. Lynch and Andrew Goudsward for Reuters reports that President Donald Trump’s administration has directed U.S. prosecutors to investigate state and local officials who resist or obstruct federal immigration enforcement efforts.  Here is the memorandum from the Acting Deputy Attorney General.  It requires U.S. Attorney’s Offices to investigate possible instances of “obstructing, resisting, or otherwise failing to comply with lawful immigration-related commands and requests . . . .”

“The policy was issued as the new Republican administration prepares to step up policing of illegal immigration in cities with significant migrant populations, setting up potential confrontations with local officials in so-called sanctuary cities such as New York and Chicago that limit cooperation with such efforts.

The new memo underscored how Trump’s Justice Department may try to back his immigration agenda by expanding threats of criminal charges beyond immigrants or those who employ them to city and state government officials.”

It is difficult for me to envision any criminal prosecutions of city officials here.  I cannot think of many instances of colorable claims “obstructing, resisting, or otherwise failing to comply with lawful immigration-related commands and requests . . . .”  The threat is a part of a scare campaign directed at governmental officials of “sanctuary” cities and states.

 

UPDATE (Jan. 22, 3 p.m. PST):  This resource by the National Immigration Project explains how and why sanctuary policies are lawful and constitutionally protected, despite recent attacks from America First Legal and the Department of Justice.

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