Attorney General Anne Lopez, along with attorneys general from ten other states, is taking a strong stance against a memo from a Trump-appointed official in the Justice Department. The memo deals with state and local law enforcement participating in federal immigration actions. These officials argue that the U.S. Supreme Court's decision in Printz v. United States blocks the federal government from forcing states to carry out federal duties without compensation, upholding the principles of American federalism.
Providing insight into the legal wrangling, a statement issued clarified the position, "Despite what he may say to the contrary, the President cannot unilaterally re-write the Constitution." Addressing the recent threats that had been made, they further delineated their stance, "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," which they indicated would only serve to undermine the trust between communities and local law enforcement, as per the Department of the Attorney General.
While the rhetoric remains pointed, state officials are yet to see any concrete measures arising from the federal memo. The statement vows a vigorous defense should the threats metamorphose into tangible actions. The joint message leaves no doubt about the commitment of these states to uphold the rule of law and proceed with independent enforcement of state laws, regardless of immigration status. Attorney General Lopez has clearly stated that her role is to fight to uphold the rule of law when necessary, expounded Special Assistant to the Attorney General Dave Day and Solicitor General Kalikoʻonālani Fernand.
