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Ensuring Proper Enforcement and Administration of Our Immigration Laws. Although its role has changed over the years, most notably following the passage of the Homeland Security Act of 2002,°* the Department of Justice plays a crucial role in the enforcement and adjudication of our immigration laws.” Its leadership and energy, however, have not always reflected the importance placed by Congress on the execution of that crucial mission. With a few notable exceptions, successful fulfillment of the department’s responsibilities with respect to immigration was largely neglected until the Trump Administration. The Department of Homeland Security may be the largest federal department with immigration responsibilities, but successful fulfillment of the responsibilities prescribed by the immigration laws is not possible without bold and dedicated action by the Department of Justice.

The DOJ and its leadership must intentionally prioritize fulfillment of the department’s immigration-related responsibilities in the next conservative Administration. This will be no small task, as these responsibilities play out across nearly every DOJ office and component. If they hope to fulfill their responsibilities as assigned by Congress and deliver results for the American people, the department and the Attorney General should:

• Issue guidance to all U.S. Attorneys emphasizing the importance of prosecuting immigration offenses,” and immigration-related offenses. The brunt of these offenses is born by districts along the southwestern border with Mexico, but the simple fact remains that immigration and immigration-related offenses are present in every district across the country. Successfully pursuing the priorities outlined in this chapter will require creative use of the various immigration and immigration-related authorities in close partnership with the Department of Homeland Security, the Department of State, and other appropriate federal entities depending on the situation.

• Pursue appropriate steps to assist the Department of Homeland Security in obtaining information about criminal aliens in jurisdictions across the United States, particularly those inside “sanctuary” jurisdictions.

• Examine and consider the appropriateness of withdrawing or overturning every immigration decision rendered by Attorney General Garland (and any successor Attorney General during President Biden’s term). The Attorney General should pick up where the Attorneys General under President Trump left off and exercise his or her authority to adjudicate cases and provide guidance in appropriate cases to