Murphy could face charges for blocking Trump’s immigration policies

❗ Trump administration targets 'sanctuary states'
❗ Criminal charges could be brought against Gov. Murphy
❗ Latest efforts to crackdown on illegal immigration

President Donald Trump's aggressive pursuit of immigration reforms could bring a spectacular clash with New Jersey officials, including Gov. Phil Murphy.

The latest directive from the U.S. Justice Department takes aim at so-called "sanctuary cities and states."

A memo, obtained by the Associated Press, orders federal prosecutors to investigate state or local officials who they believe are interfering with the Trump administration's crackdown on immigration.

The memo warns that government officials could face criminal charges if they do not cooperate with immigration enforcement actions.

Written by Deputy Attorney General Emil Bove, prosecutors with the Justice Department’s civil division have been ordered told to identify state and local laws and policies that “threaten to impede” the Trump administration’s immigration efforts and potentially challenge them in court.

It also tells prosecutors in no uncertain terms that they will be on the front lines of an administration-wide effort to crack down on illegal immigration and border crime and that they are expected to carry out the policy vision of President Donald Trump’s Republican White House when it comes to violent crimes, the threat of international gangs and drug trafficking.

What does this mean for New Jersey?

Gov. Murphy has proudly proclaimed New Jersey to be a safe haven for immigrants, even those who are undocumented.

His administration has put programs into place to house and care for undocumented individuals, but Murphy has refused to provide any details.

Murphy has also touted what is termed the "Immigrant Trust Directive," which severely restricts or prohibits local and state law enforcement from cooperating with immigration agents or investigations.

The Immigrant Trust Directive states that New Jersey’s police officers:

✔ Cannot stop, question, arrest, search, or detain any individual based solely on actual or suspected immigration status.

✔ Cannot ask the immigration status of any individual, unless doing so is necessary to the ongoing investigation of a serious offense and relevant to the offense under investigation.

✔ Cannot participate in ICE’s civil immigration enforcement operations.

✔ Cannot provide ICE with access to state or local law enforcement resources, including equipment, office space, databases, or property.

Such provisions are in direct contrast to the new Trump policies and sets up a showdown between the Justice Department and Gov. Phil Murphy's administration.

Could Murphy face charges?

Maybe.

"It is the responsibility of the Justice Department to defend the Constitution, and accordingly, to lawfully execute the policies that the American people elected President Trump to implement,” wrote Bove, who prior to joining the administration was part of the legal team that defended Trump against two criminal cases brought by the Justice Department.

Under the strictest interpretation of the Bove memo, Murphy and other members of his administration could face federal criminal charges.

Bove's memo directs prosecutors to investigate for potential criminal charges against state and local officials who obstruct or impede federal functions. As potential avenues for prosecution, the memo cites a conspiracy offense as well as a law prohibiting the harboring of people in the country illegally.

Courts have repeatedly upheld most sanctuary laws, and legal experts said that while prosecutions are possible, they doubted the charges would have any traction in court.

"What would you charge these people with?" asked Robert J. McWhirter, a constitutional scholar and longtime Arizona-based immigration lawyer. “Nothing obligates local law enforcement to cooperate with federal law enforcement on any issue. Not even bank robbery.”

Still, it signals what could be a very contentious and public fight in the early weeks and months of Trump's second term.

The Associated Press contributed to this report.

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