The Trump administration plans to contest sanctuary city policies by threatening legal action against state and local officials who resist federal immigration enforcement, as indicated in a recent document from the Justice Department.
Federal prosecutors who opt not to pursue immigration-related cases will be referred to the Justice Department for review and potential prosecution, according to a memo from acting Deputy Attorney General Emil Bove.
This three-page directive illustrates the administration’s efforts over recent weeks to create memos that they believe will withstand legal scrutiny, as reported by CNN.
The memo states, “Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests.” It further instructs U.S. Attorney’s Offices and the litigating components of the Department of Justice to investigate any incidents of such misconduct for possible prosecution.
Additionally, the civil division of the department is tasked with identifying state and municipal laws and policies that may obstruct Trump’s immigration initiatives and to initiate legal challenges against them.
While awaiting the confirmation of Pamela Bondi as attorney general, Bove’s memo describes these changes as interim policy guidance.
By the end of Wednesday, department and agency heads are required to begin actions to dismantle all diversity, equity, and inclusion offices, placing employees from those offices on paid leave, as per a notification from the federal Office of Personnel Management (OPM).
On Tuesday evening, Charles Ezell, the acting director of OPM, issued a memo to department and agency leaders, directing them to complete these actions by Wednesday, January 22, at 5 p.m.
–Send an agency-wide notice to employees informing them of the closure and asking employees if they know of any efforts to disguise these programs by using coded or imprecise language
–Send a notification to all employees of Diversity, Equity, Inclusion, and Accessibility (DEIA) offices that they are being placed on paid administrative leave effective immediately as the agency takes steps to close/end all DEIA initiatives, offices and programs.
–Take down all outward facing media (websites, social media accounts, etc.) of DEIA offices
–Withdraw any final or pending documents, directives, orders, materials and equity plans issued by the agency in response to the now-repealed Executive Order 14035, Diversity, Equity, Inclusion and Accessibility in the Federal Workforce (June 25, 2021)
–Cancel any DEIA-related trainings and terminate any DEIA-related contractors
The memorandum, as reported by Fox News, instructed leaders of departments and agencies to provide the Office of Personnel Management (OPM) with the required information by noon on Thursday, January 23.
–A complete list of DEIA offices and any employees who were in those offices as of Nov. 5, 2024
–A complete list of all DEIA-related agency contracts as of Nov. 5, 2024
–Any agency plans to fully comply with the above executive orders and this memorandum
By Friday at 5 p.m., agency heads must submit to OPM:
–A written plan for executing a reduction-in-force action regarding the employees who work in a DEIA office
–A list of all contract descriptions or personnel position descriptions that were changed since Nov. 5, 2024, to obscure their connection to DEIA programs
President Donald Trump’s executive order issued on Monday to suspend all federal Diversity, Equity, and Inclusion (DEI) programs led to the dissemination of a related memo. Furthermore, an order signed by the president establishes that the official stance of the U.S. government is to recognize only two genders: male and female.
On Tuesday, Trump enacted two further executive measures aimed at DEI initiatives: a memo intended to revoke a policy from the Biden administration that favored DEI hiring practices at the Federal Aviation Administration, and an executive order designed to eliminate discrimination in higher education and the workplace by prohibiting sex- and race-based preferences under the pretext of DEI.
In the executive order signed on Tuesday, Trump aimed to safeguard Americans from discrimination based on race, color, religion, sex, or national origin. He asserted that these civil rights protections “serve as a foundation supporting equality of opportunity for all Americans” and emphasized his “solemn duty to ensure that these laws are enforced for the benefit of all Americans.”
“However, approximately 60 years after the enactment of the Civil Rights Act of 1964, critical and influential institutions within American society—including the Federal Government, major corporations, financial institutions, the medical sector, large commercial airlines, law enforcement agencies, and institutions of higher education—have adopted and are actively employing harmful, demeaning, and unethical race- and sex-based preferences under the guise of so-called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA), which may contravene the civil rights laws of this Nation,” the order states.
It further notes that these “unlawful DEI and DEIA policies also jeopardize the safety of American men, women, and children nationwide by undermining the significance of individual merit, aptitude, hard work, and determination in the selection of individuals for employment and services in essential sectors of American society, including all levels of government, as well as the medical, aviation, and law enforcement fields.”
The memorandum asserts that “unlawful and biased practices in diversity, equity, and inclusion (DEI) hiring, particularly those based on race, gender, disability, or any criteria unrelated to the safety of airline passengers and the overall excellence, competency, and qualifications required for the job, adversely affect all Americans, who are entitled to travel with assurance. Furthermore, it disadvantages diligent Americans aspiring to work for the FAA, as they may be excluded due to lacking a specific disability or racial background. Employees of the FAA must possess the necessary qualifications and demonstrate the ability to execute their responsibilities to the highest standard of excellence.”
The memorandum further emphasizes that “all so-called DEI initiatives, including any harmful preferential policies or practices, must be immediately revoked in favor of hiring, promoting, and treating employees based solely on their individual capabilities, competencies, achievements, and commitment.”
