• DOJ's Immigration Crackdown and Data Restrictions - Implications for Businesses and Governments

  • Feb 7 2025
  • Durée: 3 min
  • Podcast

DOJ's Immigration Crackdown and Data Restrictions - Implications for Businesses and Governments

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  • Résumé

  • Welcome to our latest podcast on the Department of Justice's recent developments. This week, we're focusing on two significant updates that have far-reaching implications for American citizens, businesses, and state and local governments.

    First, let's dive into the DOJ's new memo on immigration enforcement. Acting Deputy Attorney General Emil Bove issued a memorandum titled "Interim Policy Changes Regarding Charging, Sentencing, And Immigration Enforcement," which prioritizes immigration prosecutions and information sharing. This memo rescinds previous policies and reinstates a 2017 memo that orders U.S. Attorney's Offices to pursue the most serious, readily provable offenses. It also directs the FBI's Joint Terrorism Task Forces to coordinate with DHS and assist in the execution of the Administration's immigration-related initiatives[1].

    This policy change has significant implications for state and local governments, particularly those with sanctuary city policies. The memo threatens enforcement against jurisdictions that resist or obstruct the Administration's immigration efforts. The Civil Division will work with the Sanctuary Cities Enforcement Working Group to identify and challenge laws and policies that are inconsistent with the Administration's immigration efforts.

    Next, we're looking at the DOJ's final rule on restricting data transactions with countries of concern. This rule, which takes effect on April 8, 2025, prohibits or restricts U.S. persons from engaging in certain data transactions concerning bulk sensitive data and U.S. government-related data with countries like China, Cuba, Iran, North Korea, Russia, and Venezuela[3][4]. The rule aims to protect sensitive data from exploitation by these countries, which have a record of using such data for hacking, surveillance, and other malicious activities.

    This rule has significant implications for U.S. businesses, particularly those involved in the sale, licensing, or other commercial transfer of data sets involving U.S. data. Companies will need to assess whether their data qualifies as "Bulk U.S. Sensitive Personal Data" or "Government-Related Data" and examine where it is being transferred. The rule imposes prohibitions or mandates potentially onerous security, due diligence, and other conditions on the continued transfer of the data.

    In terms of next steps, businesses should start assessing their data transactions and preparing for the rule's implementation. The DOJ has provided a fact sheet and FAQs to help companies understand the rule's requirements. Citizens can also engage by staying informed about the rule's implications and providing feedback to the DOJ.

    To stay up-to-date on these developments, you can visit the DOJ's website or follow reputable news sources. We'll continue to monitor these issues and provide updates as more information becomes available. Thank you for tuning in, and we'll see you next time.
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