DOJ Memo Targets Death Penalty for Immigrants in Certain Capital Crimes, Not Just for Living in the U.S.
DOJ Memo Targets Death Penalty for Immigrants in Certain Capital Crimes, Not Just for Living in the U.S.
In February 2025, claims circulated on social media alleging that U.S. Attorney General Pam Bondi’s memo called for the death penalty for immigrants residing illegally in the United States. This claim sparked outrage online, with some people interpreting the memo as a broad call for the death penalty simply for being in the U.S. illegally. However, while the memo does suggest that the death penalty be pursued in specific cases, the claim that it targets immigrants for merely residing in the country illegally is a misinterpretation.
What’s Actually in the Memo?
Bondi’s memorandum issued clear directives for federal prosecutors regarding the death penalty. It specifically ordered prosecutors to pursue the death penalty in cases involving capital crimes or the murder of a law enforcement officer committed by immigrants who are illegally present in the United States. This does not mean that immigrants residing without legal status would face the death penalty merely for being in the country. The crimes in question must fall within these narrow categories for the death penalty to be considered.
The confusion arose from the use of the term "aliens" in the memo, referring to noncitizen immigrants, and the focus on crimes such as murder and capital offenses. The memo specifically states that, absent mitigating circumstances, federal prosecutors must seek the death penalty in cases involving:
The murder of a law enforcement officer, or
A capital crime committed by an immigrant illegally present in the U.S.
These two categories are the only situations in which the death penalty would be pursued under this directive. Simply being in the U.S. without legal status is not, and has never been, grounds for a death sentence.
What Are Capital Crimes?
A capital crime is one for which the death penalty can be applied, typically involving particularly heinous offenses. These crimes include murder, genocide, and treason, among others. It’s important to note that the decision to impose the death penalty ultimately rests with a jury, not just prosecutors.
The memo essentially revives the federal policy on the death penalty for certain crimes, making it a mandatory action for prosecutors in the specific cases outlined. This includes not only murders committed by immigrants but also crimes tied to criminal organizations, such as cartels or transnational crime syndicates.
Critics’ Concerns
Despite the clarity of the memo, there have been concerns raised by legal experts about its potential implications. Human rights lawyer Clive Stafford Smith expressed concern that the policy might lead to the death penalty being sought in cases that wouldn’t normally fall under the scope of capital punishment. He cited the issue of "aggravating circumstances," where individuals who are involved in violent crimes—even if they did not directly commit the murder—might still face the death penalty if they are deemed to have contributed to the crime.
Furthermore, Geremy Kamens, a Federal Public Defender, argued that Bondi's directive could be unconstitutional, as it specifically targets certain groups—namely immigrants living in the U.S. illegally—suggesting that they would face a harsher legal penalty based solely on their immigration status. This could potentially violate constitutional protections against discrimination and unfair targeting based on national origin.
A Shift from Prosecutorial Discretion
The memo represents a significant shift in prosecutorial discretion, a concept that allows individual prosecutors to decide how to handle cases based on their unique circumstances. Under Bondi’s directive, however, federal prosecutors would be required to pursue the death penalty in cases involving illegal immigrants committing specific types of capital crimes, reducing their ability to make individualized decisions about what sentence is appropriate for each case.
While Bondi’s memo specifically references the murder of law enforcement officers and capital crimes involving illegal immigrants, the broader implication is that it seeks to apply the death penalty more aggressively and in a less discretionary manner, especially in cases involving organized crime.
Background of the Memo
Bondi's memo is part of a broader initiative to revitalize the federal death penalty, aligning with President Donald Trump’s executive order aimed at “Restoring the death penalty and protecting public safety.” The 2025 directive reinvigorates a policy first introduced by former Attorney General Jeff Sessions in 2018, which instructed federal prosecutors to seek the death penalty in certain cases, including drug-related crimes and capital crimes associated with criminal organizations and illegal immigration.
Potential Legal and Political Ramifications
Whether the policy will be successfully enforced remains uncertain, as legal challenges are expected. The targeting of specific groups, including undocumented immigrants, could be seen as discriminatory and contrary to broader legal principles protecting equal treatment under the law.
Moreover, death penalty cases are notoriously lengthy and complex, with appeals often extending the time between conviction and execution. Legal experts predict that if the policy is enacted, it could take years—possibly beyond the current presidential term—before any cases reach final resolution.
Conclusion
While the claim that the memo calls for the death penalty for immigrants simply for being in the U.S. illegally is false, the actual content of the memo still raises significant concerns. It mandates that prosecutors pursue the death penalty in specific circumstances—namely, the murder of law enforcement officers and capital crimes committed by undocumented immigrants involved in organized crime. Legal challenges and debates over the constitutionality of such policies are likely to continue, but it is clear that this memo reflects a push to expand the use of the death penalty in the federal justice system, particularly in cases involving immigrants without legal status.
