WASHINGTON — As part of President Trump’s crackdown on illegal immigration, the Department of Justice will be empowered to investigate and even criminally prosecute government officials who do not comply with restrictive orders on immigration.
The move, outlined in an internal memo reported by multiple news outlets Wednesday, effectively puts a target on the backs of many state and local California officials, who have vociferously defended measures designed to make it possible for undocumented immigrants to work and get an education in the state.
The memo from acting U.S. Deputy Atty. Gen. Emil Bove instructs state and local officials to comply with federal immigration directives and echoes lines Trump hammered on the campaign trail about the threat of undocumented immigrants in the country — such as gangs, drugs and crime. Studies have found that immigrants commit crimes at far lower rates than American citizens.
“Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands,” the memo reads, adding that the U.S. Attorney’s Office and Department of Justice will investigate wrongdoers. The statement also mentions a newly established “Sanctuary Cities Enforcement Working Group” to challenge state and local sanctuary cities laws.
As news of the internal memo spread Wednesday, agencies and officials began to assess how they would respond to its threat of investigations and possible prosecution.
“This is a scare tactic, plain and simple. The president is attempting to intimidate and bully state and local law enforcement into carrying out his mass deportation agenda for him,” said California Atty. Gen. Rob Bonta in a statement. “My team is reviewing the U.S. Department of Justice’s memo, and we’ll be prepared to take legal action if the Trump Administration’s vague threats turn to illegal action.”
Bonta pointed to California’s sanctuary law — approved in 2017 and known as Senate Bill 54 — which bars local law enforcement agencies from using public money to play a direct role in immigration enforcement and prohibits police from transferring people to immigration authorities except in certain cases, such as when people have been convicted of certain violent felonies and misdemeanors.
In 2019, a federal court rejected a lawsuit to stop SB54 from the previous Trump administration, ruling that the state laws could continue to be enforced. The city of Huntington Beach sued California this month over the constitutionality of the law.
Gov. Gavin Newsom’s office declined to comment.
Los Angeles City Councilmember Bob Blumenfield, who represents a district in the San Fernando Valley that includes many immigrant groups, hadn’t read the memo but said that L.A.’s “sanctuary city” policy doesn’t stop the federal government from deporting people.
“The question is whether we use our federal resources as a city to aid and abet that deportation,” Blumenfield said. “Legally, I think that they’re not able to force us to do that.
“You always have to be concerned; Trump doesn’t play by the rules,” he added.
When asked about Trump’s order, Tony Thurmond, the state superintendent of public instruction, said “I don’t feel threatened.” “I’m happy to talk to the president right now,” said Thurmond, who has taken a stand against helping ICE. “People don’t need to get threats.”
Since taking office Monday, Trump has signed a slew of executive orders aimed at reining in illegal immigration — among them, cutting off federal funding for sanctuary cities, ending birthright citizenship for children of parents in the country illegally and shutting down an app used by asylum seekers to apply for entry into the United States.
At the UC Board of Regents meeting Wednesday in San Francisco, leaders acknowledged the “fear and uncertainty” of undocumented students — who are estimated to number 86,800 in California, according to the Higher Ed Immigration Portal.
“We don’t know yet all that lies ahead, but we remain steadfast in our values, our mission and our commitment to caring for and supporting our entire UC community,” President Michael V. Drake said.
Stephen Miller, the president’s deputy chief of staff for policy and homeland security advisor, foreshadowed the memo when his nonprofit, America First Legal, sent letters to 249 elected and law enforcement officials across the country last month, warning of the consequences for interfering with or impeding illegal immigration enforcement.
The letters state that it is a crime to conceal, harbor or shield people in the country illegally. Among the California officials to receive the letters were Los Angeles Mayor Karen Bass, Los Angeles Police Department Chief Jim McDonnell and Bonta.
“As Attorney General, on December 4, 2024, you stated that the State of California will not enforce federal immigration laws, encouraging defiance by all California jurisdictions,” the letter to Bonta reads, concluding, “The fact of the matter is that you and the other officials who support or enforce sanctuary laws, policies, and regulations have a very personal stake in the matter — you each could face criminal prosecution and civil liability for your illegal acts.”
The Los Angeles County Sheriff’s Department said it would discuss the Trump directive “with our public safety partners, County Counsel, and other key stakeholders.”
“The Los Angeles County Sheriff’s Department complies with state law (SB54) and does not honor ICE requests/detainers or transfer individuals into the custody of ICE, unless there is a federal judicial warrant signed by a judge,” said a department statement Wednesday.
Last year, Sheriff Robert Luna said in a television interview that he did not anticipate changing the department’s practices after Trump took office, stressing that immigration enforcement isn’t the job of sheriff’s deputies.
“There’s a lot of rhetoric out there,” he told ABC7. “I don’t want people to be afraid to call the Sheriff’s Department if they need something. If they’re a witness to a crime, if they’re a victim to a crime, they need to call us. We don’t and will not start asking people about their immigration status.”
But, he added, “We are not going to help in any sweeps or deportation of just normal working folk that are here.”
The Sheriff’s Department has a complicated and inconsistent track record on interacting with federal immigration officials. Two sheriffs ago, under the tenure of Jim McDonnell — now police chief — the department allowed ICE agents to use an office inside the downtown Inmate Reception Center. From there, immigration officials could freely approach and interview inmates at any time, the department previously told The Times.
When Alex Villanueva took office in 2018, he kicked ICE out of the jails and limited the criteria that allow inmates to be transferred to federal custody for detention or deportation. The latest version of the Sheriff’s Department policy manual posted online notes that ICE agents are not allowed in any jails, station jails or court lockups for the purposes of immigration enforcement.
Art Acevedo — a former police chief in Houston and Miami, and a candidate at one time to head up the L.A. department — said that local agencies should be able to focus on combating violent and property crime, especially as retaining law enforcement officers has become a challenge for many agencies. He stressed that in some situations, local police and deputies should work with federal partners to get violent criminals off the streets. But he questioned how much effect the new directive would have.
“It’s not really focusing on public policy — it’s more about focusing on good political theater,” he told The Times on Wednesday. “We’ll see how much of it is rhetoric, and how much of it is actual action taken against state and local officials. Time will tell.”
Pinho reported from Washington, with Blakinger and Vives reporting from Los Angeles. Times staff writers Dakota Smith, Teresa Watanabe, Taryn Luna and Howard Blume contributed to this report.
