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Original Date Announced
January 21, 2025Acting Deputy Attorney General Emil Bove issued a memorandum to all DOJ employees titled, "Interim Policy Changes Regarding Charging, Sentencing, And Immigration Enforcement."
The memo rescinds four previous DOJ policies regarding charging and sentencing and reinstates as interim policy a 2017 memo that orders US Attorney's Offices to pursue “the most serious, readily provable offenses.” The 2025 Bove memo directs that, absent unusual facts, prosecutors should charge and pursue offenses punishable by death, offenses with the most significant mandatory minimum sentences, and offenses with the most substantial recommendation under the Sentencing Guidelines.
The memo next directs U.S. Attorney’s Offices to pursue charges relating to criminal immigration-related violations whenever such violations are presented by federal, state, or local law enforcement or the Intelligence Community. Decisions not to pursue charges relating to immigration-related conduct must be reported up via “Urgent Reports,” and each office must file quarterly reports on a spectrum of statistics on their immigration-related cases.
The memo also directs the FBI's Joint Terrorism Task Forces to coordinate with DHS, as well as state and local members, and assist in the execution of the Administration's immigration-related initiatives. The FBI, DEA, ATF, USMS, and BOP must each review their files for information relating to non-citizens illegally present, and that information must be disclosed to DHS.
Litigating components of DOJ must investigate, for possible prosecution, any state or local actors who resist, obstruct, or otherwise fail to comply with the Administration’s enforcement initiatives. Decisions not to prosecute such misconduct must be reported up via Urgent Reports. The Civil Division must work with the Sanctuary Cities Enforcement Working Group to identify state and local laws, policies, activities that are inconsistent with the Administration's immigration efforts and, where appropriate, challenge such laws.
Trump 2.0 [Policy ID # 1436]. See this entry for the relevant section of EO 14165, "Securing Our Borders."
2025.01.21 Acting Deputy AG Memo on Interim Policy Changes Regarding Immigration EnforcementEffective Date
January 21, 2025Subsequent Trump and Court Action(s)
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February 7, 2025
2025.02.07 U.S. Attorney's Office Charges Over 500 Individuals for Immigration-Related Criminal Conduct in Arizona
The U.S. Attorney's Office for the District of Arizona announced 565 immigration-related charges were filed during the first two weeks of the Trump administration. The press release highlights cases involving firearm smuggling, human smuggling, and illegal reentry.
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Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Enforcement Interior Sanctuary RestrictionsAssociated or Derivative Policies
- April 11, 2017 AG Sessions orders federal prosecutors to give greater priority to criminal immigration violations
- January 20, 2025 EO 14159: "Protecting the American People Against Invasion"
- February 5, 2025 DOJ issues memo detailing changes to charging, plea negotiation, and sentencing policy with a particular focus on immigration
- February 5, 2025 DOJ memo on combatting cartels discusses removal (rather than prosecution) of undocumented "low-level investigative targets"
Pre Trump-Era Policies
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August 12, 2013
DOJ policy rescinded by the policy memorandum in this entry.
2013.08.12 DOJ Policy on Mandatory Minimum Sentences and Recidivist Enhancements in Drug Cases -
September 24, 2013
DOJ policy rescinded by the policy memorandum in this entry.
2014.09.24 Guidance Regarding Sec. 851 Enhancements in Plea Negotiations -
January 29, 2021
DOJ policy rescinded by the policy memorandum in this entry.
2021.01.29 Interim Guidance on Prosecutorial Discretion, Charging, and Sentencing -
December 16, 2022
DOJ policy rescinded by the policy memorandum in this entry.
2022.12.16 General Department Policies Regarding Charging, Pleas, and Sentencing
Documents
Trump-Era Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.01.23 Trump Administration’s Legally Baseless Threats Against State and Local Officials
The ACLU wrote a letter and memorandum asserting that the Acting Deputy Attorney General memo's threats against state and local officials were baseless and that states have no obligation to help the federal government's mass deportation efforts.
Go to article2025.01.23 Joint Statement from Thirteen State Attorneys General: State and Local Law Enforcement Cannot Be Commandeered for Federal Immigration Enforcement
13 State Attorneys General issued a joint statement in response to this memorandum. The statement asserts that "the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws." Additionally, the attorneys general write that "[w]e will not be distracted by the President’s mass deportation agenda."
They are from California, New York, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, Rhode Island, Vermont, and Washington.
Go to article2025.01.23 What Just Happened: Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability
Ahilan Arulanantham from the Center for Immigration Law and Policy at UCLA School of Law writes for Just Security about the legal constraints on federal immigration authorities commandeering state and local officers to participate in immigration enforcement under threat of prosecution.
Go to articleTrump DOJ Leader Said to Order Prosecutors Moved to Border
Bloomberg Law reported that Acting Deputy Attorney General Bove informed all 93 U.S. Attorneys that DOJ would be recruiting federal prosecutors at their respective offices to address "an invasion of immigrants crossing the border illegally." Specifically, he asked U.S. Attorneys to identify prosecutors to be deployed to border districts to handle immigration matters. The Acting DAG also addressed "a local sheriff’s office employee in upstate New York for facilitating a sanctuary city."
Go to article2025.02.04 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 this DOJ memo and a separate 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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