States respond to Trump’s immigration orders saying ‘state and local police cannot be commandeered’
(Updated) This just in . . .
— Protect Kamala Harris
NEW: Federal Judge John Coughenour has blocked Trump’s birthright citizenship executive order from taking effect, citing the 14th Amendment.
RETWEET to thank Judge Coughenour for standing up for our constitution! pic.twitter.com/nyP4kVtLln(@DisavowTrump20) January 23, 2025
On the first day of his second presidential term in office, Donald Trump issued ten executive orders and proclamations seeking to change the face of U.S. immigration law and policy, touching nearly every aspect of the system. According to the American Immigration Council, those executive orders range from excluding everyone from border-crossers seeking refuge to children born next month to parents who are in the U.S. on temporary visas – all with with help from the U.S Military to asylum seekers.
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A memo came down yesterday from Trump administration officials operating in the U.S Department of Justice “directing its federal prosecutors to investigate any state or local officials who stand in the way of beefed-up enforcement of immigration laws under the Trump administration,” according to The Associated Press and PBS. State and local officials who do not cooperate with the new stricter immigration enforcement policies could face federal prosecution, according to NPR.
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KCRA shared portions of that memo which read: “Federal law prohibits state and local actors from resisting, obstructing and otherwise failing to comply with lawful immigration-related commands and requests. The U.S. Attorney’s Offices and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution.” That memo also called for the Justice Department’s civil division to identify any state or local laws and policies that “threaten to impede” the Trump administration’s immigration initiatives for possible legal action.
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Today, Maryland Attorney General Anthony G. Brown, along with the attorneys general of California, New York, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Rhode Island, New Mexico, and Vermont, issued a joint statement regarding that memorandum from a Trump political appointee at the U.S. Department of Justice addressing state and local involvement in federal immigration enforcement:
“It is well-established—through longstanding Supreme Court precedent—that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws. While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service—and at no cost to itself—the police officers of the 50 States.’ This balance of power between the federal government and state governments is a touchstone of our American system of federalism.
“Despite what he may say to the contrary, the President cannot unilaterally re-write the Constitution. The President has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws, interfering with their ability to build trust with the communities they serve and protect. Right now, these vague threats are just that: empty words on paper. But rest assured, our states will not hesitate to respond if these words become illegal actions.
“As state attorneys general, we have a responsibility to enforce state laws – and we will continue to investigate and prosecute crimes, regardless of immigration status. We will not be distracted by the President’s mass deportation agenda.”
The memo and directives sent out by the Justice Department are in line with Trump’s campaign promises. NBC reports that there is no precedent for prosecuting state or local officials who are deemed to have resisted federal immigration enforcement.
For more on Trump’s recent executive orders on immigration, including one declaring a national emergency at the southern border, see the video accompanying this article.
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(Source: Maryland Office of the Attorney General)
Posted by Richard Webster, Ace News Today
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