7 February 2025

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In the midst of the tidal wave of executive orders, presidential appointments and politics, it is easy to deal with the temporary policy note of the Agency's Deputy Prosecutor as another ripple of the nominal change that occurs when Democrats replace Republicans or Republicans who are replacing Republicans. But it would be seriously overseeing to miss the dramatic memorandum out of the current situation, and even from the point of view of the Trump administration's first view of the responsibilities of the federal prosecutors.

With all the sales of a party at the White House, the tightening of the philosophical cord will resume whether the Federal Public Prosecutors should be harsh in crime or “more accurate” in their approach to punishment. The battle of the memo began in 1989 when Public Prosecutor Dick Thornburg Public Prosecutors ordered the follow -up of “the most dangerous crime that can be easily proven”, and since then, the Republic has encouraged AG to continue to search for the death penalty and direct the imposition of the mandatory minimum to issue the ruling. This last note is definitely consistent with this approach.

The heart of the memo is the enforcement of immigration. The memorandum emphasizes the need for the Ministry of Justice (Doj) and the Ministry of Internal Security (“DHS”) to attack cartals and criminal organizations through national, to reduce the violent crime committed by the Kartitat, gangs and illegal foreigners, and closing Plugal over the border of fentanel.

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These goals follow President Donald Trump's focus points and not a surprise. Likewise, a return to the aggressive notes of Thorneberg to the prosecutors to accuse “the most dangerous crime that could be” the most serious and that can be proven, indicates the aversion of soft smile agreements and “the charge of bargaining to resolve the case. But then it becomes interesting.

American Public Prosecutor Bam Bondi takes the oath in the Oval Office

Pam Bondi was sworn in at the Supreme Court, Clarence Thomas, Bondi, as an American preacher, as her partner John Wickfield and Mother Patsey Bondi are looking at the White House in Washington, DC, on February 5, 2025. (Andrew Caballero-Rynolds/AFP via Getty Images)

The memo proves that the discretionary authority of the Prosecutor to resolve the case with a more soft appeal limited to “extraordinary facts”. It specifically mentions the appropriateness of the death penalty and the mandatory minimum in cases of drug repetition and/or firearms. Then the temporary public prosecutor turns his attention to the “insured execution of the laws of immigration”, and the most measurable changes begin.

For example, when the priority of following immigration crimes is announced, the memo specifically includes address 8 US Code § 1325, Illegal entry by a foreigner. This is a six -month misdemeanor just because it is illegal within the United States, and it is likely that the Federal Public Prosecutors will devote a huge time to a simple misdemeanor that can be followed, well, millions of times throughout the country.

Historically, the US Public Prosecutor's offices (USAOS) rarely use with major immigration cases that are rarely used by misdemeanor, but instead sue illegal return cases after removal for a felony (or better, “strict felony. At least serve as a real deterrent – adding years of federal prison to the equation before the defendant is deported again to his country of origin.

Rejection of possible immigration issues is no longer the simple concession of the local American lawyer. The memo requires that the public prosecutor reveal sincerity operations as urgent reports directly to the public prosecutor, within days or sometimes until hours of the decision. No American lawyer will be keen to send “urgent” reports again and again to the Prosecutor about his refusal to sue immigration cases. This practical deterrent enhances the strength of the Ministry of Internal Security – priority is given to their issues in every way through this memorandum.

Likewise, federal programs targeting drugs and gangs (the drug enforcement workplace, also known as “OCDETF”) and the neighborhood project (“PSN”) targeting weapons and gangs, must now provide resources that support immigration trials. Making well -funded OCDETF units gives the priority of immigration crimes reflects a major transformation in power from the Ministry of Justice and towards Minister Christie sleep.

Not only that American lawyers are watching their investigators judge immigration trials. Rather, the memorandum is confronting the United States of America with an investigation into resistance incidents, obstruction, or lack of compliance with the orders related to immigration. In short, the advocates of “Sanctuary” or even the failure of the prosecution are considered a feed for potential criminal trials.

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In line with this aggressive approach, the memorandum refers to the creation of a new working group for the Ministry of Justice for a work team to enforce the cities of the haven, which is supposed to be present to take legal measures against inconsistent policies or local practices that love migration enforcement procedures.

Like many government documents, this memorandum defends some modern stories in the footnotes. Specifically, the memo abolishes the previous notes issued by the democratic systems in 2013, 2014, 2021, and the previous AG Merrick Garland Memorandum of December 2022.

The memo proves that the discretionary authority of the Prosecutor to resolve the case with a more soft appeal limited to “extraordinary facts”. It specifically mentions the appropriateness of the death penalty and the mandatory minimum in cases of drug repetition and/or firearms.

The Garland Memorandum was mainly a process of thornburgh's approach – with a focus on a more individual approach to the prosecution and urged the prosecutors to seek to seek “adequate punishment, but not too much.” Somehow, this permission was completely ignored in the trials of January 6, as the government has always requested a sentence higher than the Severe seat already prepared for education.

But in many USAOS, the flexibility of Garland Memorandum, such as ignoring the ruling on compulsory drugs except in particularly strict circumstances and allowing prosecutors to join the defense lawyer to summon the guidelines for issuing drug rulings, gave a green light of local autonomy in bargaining. However, they say, there is a new sheriff in the city.

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It is true that the last memo is framed as a temporary policy of the Ministry of Justice. You can read this to the suggestion that the newly -definitive public prosecutor may consider a different approach.

But Bondi's first advertisements such as AG – including stopping federal funding for the cities of sanctuary, and following up obstruction cases against the judicial states that frustrate the law enforcement enforcement laws, and the evaluation of the NGO (“NGOs”). Behind her ancestor note here to stay.

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