“Sanctuary” Governors and Mayors Could be Charged and Imprisoned if they Impede Federal Immigration Enforcement

Democrat Governors and Mayors in so-called “Sanctuary” states and cities were given notice by Trump’s Department of Justice that they if they impede federal immigration enforcement they will be arrested and prosecuted.

Acting Deputy Attorney General Emil Bove said in a memorandum to all department employees that under the Supremacy Clause of the U.S. Constitution, state and local officials must not obstruct federal immigration enforcement. Should they impede, obstruct, or otherwise fail to comply with federal immigration enforcement activities, they will be charged.

“The U.S. Attorney’s Offices and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution, including for obstructing federal function,” Bove’s memorandum states. Each count listed in an indictment against such officials carries a prison term of up to five years.

‘The Supremacy Clause and other authorities require state and local actors to comply with the Executive Branch’s immigration enforcement initiatives. Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests pursuant to, for example, the President’s extensive Article Il authority with respect to foreign affairs and national security, the Immigration and Nationality Act, and the Alien Enemies Act. The U.S. Attomey’s Offices and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution, including for obstructing federal functions in violation of 18 U.S.C. § 371, and violations of other statutes, such as § U.S.C. §§ 1324, 1373.”

Bove’s memorandum cites three federal statutes under which local and state officials could be prosecuted for impeding or obstructing federal immigration policies. One criminal law cited by Bove, obstruction of a federal function in violation of 18 U.S.C. § 371, is the same statute that was used by former Special Counsel Jack Smith to indict Mr. Trump in connection with the January 6th (2020) protest at the Capitol. The other statutes cited by Bove include 8 U.S.C. § 1324, which prohibits harboring a person who is unlawfully present in the United States, and 8 U.S.C. § 1373, which forbids the enactment of certain policies limiting the sharing of immigration status information.

Violations of some of these laws can result in 20 years in prison, and can even result in the death penalty if a violation causes the death of any person.

AmericanVantagePoint.com discussed this issue previously in our articles, “Can the U.S. Military Be Used to Enforce Immigration Laws?,” and “Deportations and the Constitution’s Supremacy Clause.”

Minneapolis’ Mayor Jacob Frey tells the “undocumented” that “We love you. We care about you. In the City of Minneapolis we will stand up for you. … You’re not an alien in our city, you’re a neighbor. … Our Police Officers will not be cooperating with federal law enforcement around federal immigration law. … As for cooperation with ICE, the answer is “No.””

Chicago Mayor Brandon Johnson has said that city officials will not cooperate with federal immigration officers. We view this as risky behavior. Should he be arrested, tried, and imprisoned, other state and local officials who have embraced Sanctuary policies may reconsider their positions.

Read the Deputy AG’s Memorandum to All DOJ employees