WASHINGTON (AP) — The Justice Department has ordered federal prosecutors to investigate state or local officials who they believe are interfering with the Trump administration's crackdown on immigration, saying they could face criminal charges, in an apparent warning to the dozens of so-called sanctuary jurisdictions across America.
The memo, from acting Deputy Attorney General Emil Bove, signals a sharp turnabout in priorities from President Joe Biden’s Democratic administration, with the Justice Department’s civil division told to identify state and local laws and policies that “threaten to impede” the Trump administration’s immigration efforts and potentially challenge them in court.
It also tells prosecutors in no uncertain terms that they will be on the front lines of an administration-wide effort to crack down on illegal immigration and border crime and that they are expected to carry out the policy vision of President Donald Trump’s Republican White House when it comes to violent crimes, the threat of international gangs and drug trafficking.
“Indeed, it is the responsibility of the Justice Department to defend the Constitution, and accordingly, to lawfully execute the policies that the American people elected President Trump to implement,” wrote Bove, who prior to joining the administration was part of the legal team that defended Trump against two criminal cases brought by the Justice Department.
“Sanctuary” has no legal definition, but the term encompasses a range of protection for immigrants, particularly those living in the U.S. illegally. Most often, the laws put legal limits on how law enforcement in those jurisdictions can cooperate with federal immigration authorities.
Courts have repeatedly upheld most sanctuary laws, and legal experts said that while prosecutions are possible, they doubted the charges would have any traction in court.
“What would you charge these people with?" asked Robert J. McWhirter, a constitutional scholar and longtime Arizona-based immigration lawyer. “Nothing obligates local law enforcement to cooperate with federal law enforcement on any issue. Not even bank robbery.”
In Chicago, which has some of the strongest sanctuary protections nationwide, city leaders brushed off word of potential investigations. The nation’s third-largest city has been a sanctuary city for decades, limiting cooperation between police and federal immigration agents.
“If the federal government is going to investigate, that is their prerogative,” said Alderman Andre Vasqez, who is Mayor Brandon Johnson’s handpicked chair of the City Council immigration committee.
Vasquez, the son of two Guatemalan immigrants, noted a 2016 campaign rally at the University of Illinois Chicago that Trump abruptly scrapped as crowds of boisterous protesters grew. The cancellation remains a badge of honor for many young activists in the Democratic stronghold.
“There will always be that kind of relationship between Chicago, President Trump and the Republican Party,” said Vasquez. “I was born and raised in Chicago, in an immigrant family. It will take more than that to make me feel a little scared.”
Across the country, cities and towns were sending out reminders about the delicate balance of sanctuary laws, which draw distinctions between not cooperating with federal immigration officials, particularly U.S. Immigration and Customs Enforcement, and actively undermining those federal officials.
New York's police department, for example, told employees in a memo that they are not permitted to “assist in any manner with civil immigration enforcement,” but also said they must not “take any action that will interfere with or impede civil immigration enforcement undertaken by federal authorities.”
Denver Mayor Mike Johnston said the city, where more than 40,000 migrants have arrived since early 2023, would work with ICE to arrest violent criminals. But he said the city would go to court if immigration raids targeted schools, among other places.
“We’re not going to be bullied or blackmailed out of our values," he told The Associated Press.
Bove's memo directs prosecutors to investigate for potential criminal charges against state and local officials who obstruct or impede federal functions. As potential avenues for prosecution, the memo cites a conspiracy offense as well as a law prohibiting the harboring of people in the country illegally.
“Federal law prohibits state and local actors from resisting, obstructing and otherwise failing to comply with lawful immigration-related commands and requests,” the memo says. “The U.S. Attorney’s Offices and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution.”
But in Colorado, where state law bars local law enforcement from helping federal immigration agents make an arrest without a court order, the attorney general’s office said it knew of no state or local officials obstructing immigration enforcement.
“The federal government—not local law enforcement—is responsible for enforcing federal immigration laws," the office of Phil Weiser, a Democrat, said in a statement.
The memo includes a series of directives beyond those related to sanctuary jurisdictions. It suggests there will be a spike in immigration cases under the new administration, instructing U.S. attorney’s offices across the country to inform courts of its policy “and develop processes for handling the increased number of prosecutions that will result.” Any decisions by federal prosecutors to decline to prosecute immigration violations must be disclosed to Justice Department headquarters in so-called urgent reports, which are used to update leadership on law enforcement emergencies or significant matters of national interest.
The memo also says the department will return to the principle of charging defendants with the most serious crime it can prove, a staple position of Republican-led departments meant to remove a prosecutor’s discretion to charge a lower-level offense. And it rescinds policies implemented by Biden Attorney General Merrick Garland, including one designed to end sentencing disparities that have imposed harsher penalties for different forms of cocaine.
“The most serious charges are those punishable by death where applicable, and offenses with the most significant mandatory minimum sentences,” Bove wrote.
It is common for Justice Departments to shift enforcement priorities under a new presidential administration in compliance with White House policy ambitions. The memo reflects the constant push-and-pull between Democratic and Republican administrations over how best to commit resources to what officials regard as the most urgent threat of the time.
The edict to charge the most readily provable offense, for instance, is consistent with directives from prior Republican attorneys general including John Ashcroft and Jeff Sessions, while Democratic attorneys general including Eric Holder and Garland have replaced the policy and instead encouraged prosecutorial discretion.
This story has been edited to clarify that Colorado law bars local law enforcement from helping federal immigration officers make arrests.
Associated Press writers Eric Tucker in Washington; Sophia Tareen in Chicago; and Colleen Slevin in Denver contributed to this report.
President Donald Trump speaks in the Roosevelt Room of the White House, Tuesday, Jan. 21, 2025, in Washington. (AP Photo/Julia Demaree Nikhinson)
FILE - The logo for the Justice Department is seen before a news conference at the Department of Justice, Aug. 23, 2024, in Washington. (AP Photo/Mark Schiefelbein, File)
The Republican-led Senate is expected to confirm a chief architect of Project 2025 as director of the Office of Management and Budget on Thursday, despite round-the-clock speeches by Democrats who lack the votes to stop it. Russ Vought is working closely with Elon Musk to vastly reduce the size and capacity of the federal government, the nation's largest employer.
While Vought awaits confirmation, Musk has orchestrated an unprecedented financial incentive for people to leave their government jobs, promising several months of pay in return for their resignation. More than 2 million workers face a deadline of 11:59 p.m. EST Thursday to decide if they should leave.
Shockwaves continue from Trump's proposal to take over the war-ravaged Gaza Strip and redevelop it without its 2.3 million Palestinians. The idea has been roundly rejected by the Palestinians and U.S. allies across the Middle East with the exception of Israel, which said it has begun preparations to move them out by land, sea and air. Human Rights Watch and other groups say it would amount to “ethnic cleansing,” the forced removal of an entire population through violence.
Here's the latest:
Democratic senators are still at it, having talked through the night to protest Trump’s pick of Russ Vought as budget director.
Seizing the Senate floor is one of the remaining tools the minority party has to stonewall a confirmation. Democrats unanimously oppose Vought, a Project 2025 author who is influential in Musk’s DOGE efforts to gut government.
Sen. John Hickenlooper, D. Colo., said his office was flooded with complaints over Trump’s temporary freeze of federal funds, which has since been rescinded and blocked by a court. He said Congress has appropriated this money and the White House cannot unilaterally cut it.
Republicans have the votes to easily confirm Vought once the 30 hours of debate expires Thursday.
Two Elon Musk allies have “read only” access to Treasury Department payment systems, but no one else will get access for now, including Musk himself, under a court order signed Thursday.
It comes in a lawsuit filed by federal workers unions trying to stop the billionaire’s Department of Government Efficiency from following through on what they call a massive privacy invasion.
Two Musk allies, Marko Elez and Tom Krause, have been made “special government employees” and already have access to the system, government attorneys have said.
The temporary order blocks further access by DOGE as U.S. District Judge Colleen Kollar-Kotelly considers the case.
Related to Rubio’s first stop on his trip, the U.S. State Department said late Wednesday on X that the Panamanians had agreed to allow U.S. warships to transit the Panama Canal without charge.
But Panamanian President José Raúl Mulino later denied that, saying Thursday he had told U.S. Defense Secretary Pete Hegseth a day earlier that he could neither set the fees to transit the canal nor exempt anyone from them, so he was surprised by the statement suggesting otherwise.
The State Department had no immediate comment Thursday.
The fees had been one focus of President Donald Trump’s complaints about the canal, which he has threatened to retake from Panama unless Panama severely limits Chinese influence in the area.
The Trump administration plans to seize a jet that belongs to Venezuelan President Nicolás Maduro 's government.
U.S. Secretary of State Marco Rubio will announce the seizure on Thursday in the Dominican Republic, the last stop of his Latin American tour, according to a U.S. official familiar with the matter and a State Department document obtained by The Associated Press. Publicly, the State Department calls it a “law enforcement engagement.”
Carrying out the seizure required Rubio to get Justice Department approval and to free up more than $230,000 in frozen foreign aid to cover storage and maintenance fees.
The U.S. seized another of Maduro’s planes from the Dominican Republic in September 2024.
The State Department document says this plane is a Dassault Falcon 200 that Maduro and top aides used to travel the world in violation of U.S. sanctions.
▶ Read more about Rubio and the Venezuelan jet
Candidate Donald Trump promised voters an administration that wouldn’t waste precious American lives and taxpayer treasure on far-off wars and nation-building.
But just weeks into his second term, President Trump is proposing to use American power to “take over” and reconstruct Gaza, to reclaim U.S. control of the Panama Canal and to buy Greenland from Denmark.
The rhetorical shift from America First to America Everywhere is flummoxing some of his allies.
“The pursuit for peace should be that of the Israelis and the Palestinians,” Sen. Rand Paul, the Kentucky Republican, posted on social media. “I thought we voted for America First. We have no business contemplating yet another occupation to doom our treasure and spill our soldiers’ blood.”
▶ Read more on how people are trying to understand Trump’s imperialistic comments
Democrats said workers shouldn’t accept the deferred resignation program because it wasn’t authorized by Congress, raising the risk they won’t get paid. Unions have sued to stop Trump’s plans, and a judge will consider whether to block the offer at a hearing Thursday afternoon in Boston.
“It’s a scam and not a buyout,” said Everett Kelley, president of the American Federation of Government Employees. “If it was me, I wouldn’t do it.”
An employee at the Department of Education who spoke on condition of anonymity out of fear of retaliation said the administration appears desperate to get people to sign, but there are too many red flags, such as a clause waiving the right to sue if the government fails to honor its side of the deal.
By Chris Megerian, Collin Binkley and Byron Tau.
▶ Read more on the Trump administration effort to persuade federal workers to resign
When the Rev. Mariann Budde called for Trump to show mercy to Americans scared about his second term in office, the president retorted online that she was “not very good at her job” and owed the public an apology. Catholic Vice President JD Vance has jabbed at top US leaders of his own church over immigration issues.
Many clergy across the country are worried about the removal of churches from the sensitive-areas list. And religious refugee resettlement groups are among those that were left scrambling after federal aid was cut off.
▶ Read more about Trump and religion
During the National Prayer Breakfast, Trump said his relationship with religion had “changed” after a pair of failed assassination attempts last year, as he advocated for Americans to “bring God back into our lives.”
“I really believe you can’t be happy without religion, without that belief,” Trump said. “Let’s bring religion back. Let’s bring God back into our lives.”
Trump reflected on having a bullet coming within a hair’s breadth of killing him at a rally in Butler, Pennsylvania, last year, telling lawmakers and attendees, “It changed something in me, I feel.”
“I feel even stronger,” he continued. “I believed in God, but I feel, I feel much more strongly about it. Something happened.”
The president, who’s a nondenominational Christian, called religious liberty “part of the bedrock of American life” and called for protecting it with “absolute devotion.”
▶ Read more about Trump and religion
Trump said Palestinians would be “resettled in far safer and more beautiful communities, with new and modern homes, in the region.”
He added that the U.S. would work “with great development teams from all over the World,” and “slowly and carefully begin the construction of what would become one of the greatest and most spectacular developments of its kind on Earth.”
Trump reasserted his commitment to his Gaza plan the day after his top diplomat and his chief spokesperson walked back that the president is advocating for the permanent relocation of Palestinians from Gaza, after American allies and even Republican lawmakers rejected the U.S. taking “ownership” of the territory.
President Donald Trump says “no soldiers by the U.S. would be needed” to carry out his proposal for the United States to take over the Gaza Strip and redevelop the war-torn territory.
The comments come two days after Trump, with Israeli Prime Minister Benjamin Netanyahu by his side, suggested relocating Gaza residents and redeveloping the land for people from around the world.
“The Gaza Strip would be turned over to the United States by Israel at the conclusion of fighting,” Trump said in a posting on his Truth Social platform.
The Republican-led Senate is expected to confirm a chief architect of Project 2025 as director of the Office of Management and Budget on Thursday.
Senate Democrats vowed to give around-the-clock speeches to protest Trump’s nomination of Russ Vought to the influential position, and all 47 said they would vote against him. But as the minority party in the Senate, that’s not enough to stop his confirmation.
Vought also is influential in the effort to broadly dismantle the federal government, led by Elon Musk’s DOGE team.
Dwight D. Eisenhower was the first president to attend the prayer breakfast, in February 1953, and every president since has spoken at the gathering.
Democratic Sen. Maggie Hassan of New Hampshire and Republican Sen. Roger Marshall of Kansas are the honorary co-chairs of this year’s event.
In 2023, the National Prayer Breakfast split into two dueling events, the one on Capitol Hill largely attended by lawmakers and government officials and a larger private event for thousands at a hotel ballroom. The split occurred when lawmakers sought to distance themselves from the private religious group that for decades had overseen the bigger event, due to questions about its organization and how it was funded.
In 2023 and 2024, President Joe Biden, a Democrat, spoke at the Capitol Hill event, and his remarks were livestreamed to the other gathering.
Trump attended the official prayer breakfast and will also speak at a separate prayer breakfast at a Washington hotel sponsored by a private group.
President Donald Trump says “no soldiers by the U.S. would be needed” to carry out his proposal for the United States to take over the Gaza Strip and redevelop the war-torn territory.
The comments come two days after Trump, with Israeli Prime Minister Benjamin Netanyahu by his side, laid out his vision for relocating Gaza residents and redeveloping the land for people from around the world.
“The Gaza Strip would be turned over to the United States by Israel at the conclusion of fighting,” Trump said in a posting on his Truth Social platform. He added that Palestinians would be “resettled in far safer and more beautiful communities, with new and modern homes, in the region.”
He added that the U.S. would work “with great development teams from all over the World,” and “slowly and carefully begin the construction of what would become one of the greatest and most spectacular developments of its kind on Earth.”
Trump reasserted his commitment to his Gaza plan the day after his top diplomat and his chief spokesperson walked back that the president is advocating for the permanent relocation of Palestinians from Gaza, after American allies and even Republican lawmakers rejected the U.S. taking “ownership” of the territory.
The Republican-led Senate is expected to confirm a chief architect of Project 2025 as director of the Office of Management and Budget on Thursday.
Senate Democrats vowed to give around-the-clock speeches to protest Trump’s nomination of Russ Vought to the influential position, and all 47 of them said they would vote against him. But as the minority party in the Senate, that’s not enough to stop his confirmation.
Vought also is influential in the effort to broadly dismantle the federal government, led by Elon Musk's DOGE team.
President Donald Trump speaks during the National Prayer Breakfast, at the Capitol in Washington, Thursday, Feb. 6, 2025. (AP Photo/Evan Vucci)