“I think there are going to be a lot more trials” – federal judge’s verdict on impact of new DOJ policy on illegal aliens in Northern California

January 22, 2025

Newly-released charging and sentencing directions from the Trump administration, aimed at clamping down on illegal immigration and criminal activity by illegal aliens, will result in a marked increase in trials in the Northern District of California a federal judge said today.

The instructions, which also envisage investigation and criminal prosecution of state and local officials “resisting, obstructing or otherwise failing to comply” with federal immigration enforcement, were issued Tuesday.

The announcement comes on the heels of a renewed vow by San Francisco Sheriff Paul Miyamoto to continue to frustrate immigration authorities’ efforts to deport criminal aliens.

A memorandum, authored by acting deputy attorney general Emil Bove, directs federal prosecutors to pursue “the most serious, readily provable offense” when immigration-related violations are presented to them.

These include charges seldom seen at federal courthouses in San Francisco, Oakland and San Jose, such as 18 USC §922(g)(5) ‘illegal alien in possession of a firearm or ammunition’.

The memo also envisages, “where supported by evidence,” prosecutions under 8 USC §§1324-§1328 for harboring aliens, improper entry, illegal reentry, assisting aliens to enter and importing aliens for immoral purposes – several of which statutes have largely gathered dust in the Northern District of California.

Today at the start of proceedings in courtroom 6 of San Francisco federal courthouse, U.S. District Judge Charles Breyer discussed with prosecution and defense attorneys the main points of the memorandum and the potential ramifications for the judicial system.

“I think we’re going to see a lot more trials,” observed the judge.

“Any predictions?” he asked assembled attorneys, who responded with silence.

The judge was also told of the memorandum’s other provisions – including potential prosecutions under 18 USC § 371 – ‘conspiracy against the United States’ – for state and local actors “resisting, obstructing or otherwise failing to comply” with immigration enforcement.

“The Supremacy Clause and other authorities,” insists the memo, “requires state and local actors to comply with the Executive Branch’s immigration enforcement initiatives.”

The directive concludes with a warning that civil action may also be forthcoming against agencies that seek to frustrate the Government with respect to immigration.

“Laws and actions that threaten to impede the Executive Branch immigration initiatives, including by prohibiting disclosures of information to federal authorities engaged in immigration-enforcement activities, threaten public safety and national security.”

This new prosecutorial posture sets federal authorities on a collision course with officials in the Bay Area who have renewed their commitment to protecting illegal aliens accused of further crimes.

Yesterday, San Francisco Sheriff Paul Miyamoto reiterated his pledge to stand by San Francisco’s ‘sanctuary’ ordinances.

“We want to assure the public,” said a statement from his office, “that we will not support any legislation that undermines San Francisco’s Sanctuary City Ordinance.”