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2.0

DHS authorizes DOJ personnel to enforce immigration law as immigration officers

  1. Original Date Announced

    January 22, 2025

    Acting Secretary for Homeland Security (DHS) issued a memo authorizing DOJ law enforcement officials and other employees to investigate, locate, and apprehend noncitizens in violation of Title 8, Chapter 12 or regulations thereunder and to enforce any requirements of such states and regulations.

    Employees granted this authority include law enforcement officers with the U.S. Marshals Service (USMS), Drug Enforcement Administration (DEA), Bureau of Prisons (BOP), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and any other DOJ employee as approved by the Attorney General. The intent of this authorization pursuant to 8 U.S.C. §§ 1103(a)(4), (6) is to grant these employees "the same authority already granted to the Federal Bureau of Investigation."

    Trump 2.0 [ID# 1443]

    2025.01.22 - DHS Memo "DOJ Immigration Officer Authorization"
  2. Effective Date

    January 22, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Enforcement Interior Border
Agencies Affected: DHS DOJ

Commentary

  • 2025.02.04 Letter to Acting Attorney General McHenry Re: DOJ Resources to Immigration

    Three members of the House Judiciary Committee sent a letter to Acting Attorney General McHenry expressing concern and requesting information regarding a recent DOJ memo and this DHS directive to divert law enforcement officials and prosecutors away from criminal, counterterrorism, and drug interdiction efforts to instead focus on immigration enforcement initiatives. "In order to more fully understand the extent to which these actions could undermine law enforcement, increase violent crime, threaten our national security, and enable the proliferation of illegal drugs and illegal guns in our communities," the House members requested DOJ answer a list of questions by 5:00 p.m. on February 17, 2025. The letter was sent by House Judiciary Committee Ranking Member Jamie Raskin (D-MD); Immigration Subcommittee Ranking Member Pramila Jayapal (D-WA); and Crime Subcommittee Ranking Member Lucy McBath (D-GA).

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