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DOJ threatens action against Chicago officials who interfere with immigration orders
A memo issued by the Justice Department calls for local officials who interfere with President Trumps sweeping immigration orders to be investigated.
CHICAGO – In the days since President Donald Trump took office, hundreds of immigrants have already been arrested by U.S. Immigration and Customs Enforcement (ICE) agents.
Now, a memorandum issued by the U.S. Department of Justice is calling for state and local officials who interfere with the White House’s sweeping immigration orders—to be investigated.
What we know:
The memo, sent to all DOJ employees on Tuesday, also warns that officials could face criminal charges if they don’t comply.
Some feel it is a scare tactic to convince cities, like Chicago, to abide by the immigration crackdown, but only time will tell whether local officials will actually be prosecuted if they don’t.
The three-page memo issued by Acting Deputy Attorney General Emil Bove was published by POLITICO.
It orders federal prosecutors to work with the newly established ‘Sanctuary Cities Enforcement Working Group’ to identify and challenge “state and local laws, policies, and activities that are inconsistent with Executive Branch immigration initiatives.”
The Chicago angle:
Chicago has long been a sanctuary city, providing protections for immigrants regardless of their legal status. Likewise, the TRUST Act generally prohibits local law enforcement in Illinois from participating in immigration enforcement, according to the Office of Illinois Attorney General Kwame Raoul.
“Many people believe this is an attempt to target local officials in cities like Chicago,” said Nicole Hallett, clinical professor of law, University of Chicago Law School.
Chicago officials, including Mayor Brandon Johnson and Ald. Andre Vasquez (40th Ward)—who chairs the Committee on Immigrant and Refugee Rights—are holding firm that they will not assist ICE agents amid border czar Tom Homan’s plans for mass deportations.
“There’s a very clear principal in the constitution that the federal government cannot force states and local governments to help enforce federal law, and this has been reaffirmed by the Supreme Court over and over again,” Hallett said.
In addition to her role as a law professor, Hallett is also the founder and director of the Immigrants’ Rights Clinic, which provides legal representation to noncitizens—including those facing deportation. She shares that the idea behind the DOJ’s memo is unprecedented.
“That does not mean that the administration won’t attempt to do so, and even putting officials under investigation, or even initiating prosecutions against those officials,” Hallett explained. “Even if ultimately those prosecutions are thrown out for the reasons that I just said, it’s going to be a huge burden on cities and the individuals who may be caught up in those prosecutions.”
Why you should care:
The memo highlights growing tensions between federal immigration policies and local governments, especially in sanctuary cities like Chicago.
Chicago officials have issued guidance to city agencies on how to handle possible visits from ICE, reiterating that under the Welcoming City Ordinance, city employees are not allowed to aid immigration enforcement.
