DOJ draws red line over interfering with ICE as state Democrats escalate threats
The Justice Department has issued a strong warning to Democrats in state and local governments who have threatened to arrest federal immigration officers enforcing federal law in Democratic-run areas. Notable Democrats, including Nancy Pelosi and Illinois Governor JB Pritzker, have indicated intentions to take legal action against what they see as abuses by federal immigration agents. California officials, such as San Francisco District Attorney Brooke Jenkins, have also expressed willingness to prosecute federal agents if they violate state laws.
In response, the DOJ, through Deputy Attorney General Todd Blanche, cautioned that any attempts to arrest federal officers performing their duties would be illegal and could lead to criminal charges against state officials involved. The DOJ emphasized federal supremacy under the Constitution, stating that state or local authorities do not have the power to impede federal law enforcement. Legal experts noted that any claims of federal officer misconduct must be pursued individually through federal courts, not by state officials.
These tensions arise amid the Trump administration’s aggressive immigration enforcement efforts, including National Guard deployments in cities like Los Angeles and Portland to protect federal personnel and property.The conflict highlights ongoing clashes between federal immigration policies and Democratic-led states advocating for immigrant protections.
DOJ draws red line over interfering with ICE as state Democrats escalate threats
The Justice Department has drawn a bright red line for Democrats in state and local governments who are threatening to arrest federal immigration officials for enforcing federal law in Democrat-run areas.
Prominent Democratic officials, from former House Speaker Nancy Pelosi (D-CA) to Gov. JB Pritzker (D-IL), have threatened to pursue legal action over what they say are abuses by federal immigration officers in their states. But the Justice Department has issued sharp warnings to those who say they plan to interfere with federal operations, telling the officials they could face charges if they attempt to arrest officers.
Democrats threaten federal law enforcement over operations
Pelosi, who has represented San Francisco in Congress since 1987, and Rep. Kevin Mullin (D-CA) said in a joint statement Wednesday that federal immigration officers could be arrested for violating state laws.
“It is important to note that California law protects communities and prevents federal agents from taking certain actions here that we have witnessed in other states. While the President may enjoy absolute immunity courtesy of his rogue Supreme Court, those who operate under his orders do not,” their statement said. “Our state and local authorities may arrest federal agents if they break California law — and if they are convicted, the President cannot pardon them.”
San Francisco District Attorney Brooke Jenkins added to discourse from Bay Area officials, as reports swirled that President Donald Trump would deploy the National Guard to San Francisco, claiming she would prosecute federal agents who violate state law. Trump ultimately opted not to send the National Guard to the city – for now.
“If the agents cross the bounds of the law, if they do things that we believe are criminal themselves, then I have an obligation as the district attorney to ensure that they’re held accountable, too,” Jenkins told the San Francisco Chronicle on Wednesday.
“If there is excessive use of force, shootings that aren’t legally justified, things of that nature, then I have to step in and do my job with respect to them, like I do with anyone else,” she added.
California, a hotbed for illegal immigrants, has attempted to push back on Trump’s aggressive immigration enforcement operations by passing state laws taking aim at federal officers, including a ban on law enforcement wearing face coverings to conceal their identities. The Trump administration has not cooperated with the state law, arguing federal law allowing face coverings holds supremacy.
In Illinois, Pritzker signed an executive order Thursday to establish a state commission to compile information and reports about the Trump administration’s federal immigration efforts in Chicago, that could be used for future prosecutions against agents.
“We are going to show the public — here in Chicago, the State of Illinois, across the nation, and around the world — exactly what is going on. We will create a detailed record, and that record will reflect reality,” Pritzker said in a statement. “Once this all ends, I believe there will be people of good faith who will review what the Commission has recorded and will demand answers and accountability.”
So far, no Democrat-run states or cities have attempted to arrest federal immigration officers for state law violations at this time, despite the tough talk by some Democratic officials.
DOJ threatens action against efforts to stifle federal officers
The threats from Democrats have prompted a sharp response from the Justice Department, which has sent a warning that criminal charges could accompany any Democratic attempt to arrest federal immigration officers.
Deputy Attorney General Todd Blanche issued a warning to California officials that if they attempt to arrest federal officers, the DOJ will pursue charges against state officials and urged them to preserve their records related to talks of arresting federal officers.
“The Department of Justice views any arrests of federal agents and officers in the performance of their official duties as both illegal and futile,” Blanche said in the letter. “Numerous federal laws prohibit interfering with and impeding immigration or other law-enforcement operations.”
The letter was sent to Gov. Gavin Newsom (D-CA) and California Attorney General Rob Bonta, along with Pelosi and Jenkins.
“We urge you and other California officials to publicly abandon this apparent criminal conspiracy, to stop threatening law enforcement, and to prioritize the safety of your citizens,” Blanche said. “In the meantime, federal agents and officers will continue to enforce federal law and will not be deterred by the threat of arrest by California authorities who have abdicated their duty to protect their constituents.”
Blanche later followed up his letter by warning Pritzker of consequences should he or Illinois officials interfere in federal immigration operations.
“This applies to you too. Federal law. Federal authority. Federal consequences,” Blanche said, tagging Pritzker in the post.
Federal supremacy clear over state and local law
While state officials have attempted to assert their power to arrest federal officers for alleged state crimes, the Supremacy Clause of the Constitution says firmly that they don’t have the power to do so.
“Just because Nancy Pelosi and Brooke Jenkins don’t like the fact that this administration is choosing to enforce federal law, that doesn’t mean that they can suddenly violate the Constitution and try to arrest or otherwise impede federal officers doing their duty,” John Shu, a constitutional law expert who served in both Bush administrations, told the Washington Examiner.
“If they do, the Justice Department is well within its right to arrest and prosecute them for assault and battery upon a federal officer, impeding federal officers or federal functions, obstruction of federal proceedings, obstruction of justice, and conspiracy,” he added.
Shu also pointed out that alleged abuses by federal immigration law may be raised in court by the alleged victim – not by a state or local prosecutor – under federal statute.
“It’s not up to the State of California or any of its municipalities to assert the rights of illegal aliens,” Shu said. “An individual alleged victim of federal officer misbehavior can file a Section 1983 civil rights claim against that officer, and then the court will have to analyze whether the federal officer exceeded his authority and was within his qualified immunity.”
While Illinois’s collection of information regarding federal immigration operations is not unlawful, any prosecution using that data in the future would have to come from the Justice Department. Any charges other brought, presumably under a future Democratic presidential administration, would have to fall within the statute of limitations, which is five years for most federal crimes.
“There is nothing that prevents the State of Illinois from compiling their own data and then sending it to a future Justice Department to use for prosecuting federal law enforcement officers, but it is the Justice Department, not Illinois, that decides whether to prosecute and handles the prosecution,” Shu said.
The fiery claims by Democrats and equally sharp response by the Justice Department come as the Trump administration has continued to pursue aggressive immigration enforcement operations nationwide.
In some places, like Los Angeles and Portland, the administration has called in the National Guard to protect federal property and personnel due to unrest around federal immigration operations. The deployments have been slammed by Democratic officials in those states and have been met with lawsuits that are playing in various federal courts.
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