MEMO: Interim Policy Changes Regarding Charging, Sentencing, and Immigration Enforcement


Department of Justice

Department of Justice

Notice Date: Jan. 21, 2025
Effective Date: Jan. 21, 2025

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These are interim changes reinstating policies of the first Trump Administration regarding charging and sentencing. The memo references the charging and sentencing guidelines established by the first Trump Administration in 2017 as controlling policy. That previous memo required the most serious, readily provable charges be pursued, along with other stringent sentencing requirements.

As part of the new sentencing and charging directives, the memo mandates that U.S. Attorneys pursue all cases where immigration-related charges can be applied. Additionally, U.S. Attorneys are required to monitor their progress, with quarterly reporting on their advancements.

The Organized Crime Drug Enforcement Task Force, Project Safe Neighborhoods, and the FBI Joint Terrorism Task Force must prioritize addressing violations related to illegal immigration in coordination with the Department of Homeland Security.

Furthermore, the memo instructs all law enforcement agencies, including the Drug Enforcement Administration and the U.S. Marshals, to review their files for relevant information to share with DHS.

The memo also calls for investigations into potential offenses committed by officials in sanctuary jurisdictions who obstruct lawful federal enforcement efforts and harbor criminal fugitives. Obstruction of justice and harboring illegal aliens are both federal crimes. To support the investigation of sanctuary jurisdictions for civil and criminal violations, the memo announces the establishment of the "Sanctuary Cities Enforcement Working Group."

 

The interim guidance is designed to immediately shift DOJ enforcement priorities and resources to implement the President’s Day One Orders and Proclamations, which direct total government prioritization on securing the border, removing illegal aliens, and combatting the terrorist slaver cartels that have infiltrated deep within the interior. 

The truth is that DOJ has never seriously treated immigration crimes as a priority. Each of the crime task forces activated by this memo represents nationwide networks of intel, personnel, and resources. They constitute a significant force multiplier to bring down the billion-dollar human slavery cartels currently running our border. 

Missing from this memo is specific mention of pursuing removal of aliens by Federal judges in criminal prosecutions. Under the law, the DOJ can request that a Federal judge rule on the removability of a convicted criminal. Cooperation with DHS can allow the prosecution of criminal illegal immigrants to double as their removal proceeding. 

Plainly, many of the logistical concerns regarding mass deportations center around the lack of resources at DHS, namely ICE. The activation of the DOJ’s law enforcement resources can change that equation drastically. This is true not just with the DOJ’s considerable resources to assist with removals and detention, but their law enforcement cooperation with State and local governments provides DHS with expanded reach.

 

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