A new Department of Justice memo warns investigations could begin against state and local governments if they do not comply with updated immigration policies.

The memo, obtained by the Associated Press, suggests local and state officials who get in the way of federal immigration efforts could be prosecuted for a conspiracy offense or under a law prohibiting the harboring of people in the country illegally.

“We’re kind of in new territory, so it’s really hard to know what the scope of what they want to do is,” said Ana Pottratz Acosta, a professor at Mitchell Hamline School of Law, who specializes in immigration law.

She called the potential for criminal prosecution of state or local jurisdictions over civil immigration enforcement “unprecedented.”

“I don’t think I know of any other instance where the federal government has threatened to criminally prosecute state or local jurisdictions for not cooperating or not engaging in certain activities to assist the federal government with civil immigration enforcement,” she said. “This is definitely a new development that will be challenged in the courts.”

Prior to President Trump’s second inauguration, Minneapolis Police Chief Brian O’Hara clarified MPD officers cannot ask about a person’s immigration status, except in certain cases such as human trafficking.

“A lot of folks have reached out to us because they’re afraid,” said O’Hara on Friday. “We’ve had a practice of more than two decades of not engaging in immigration enforcement and we’ve given additional, clear guidelines with what our values are with this.”

He added, however, that the department would cooperate with federal law enforcement and wouldn’t interfere with federal investigations.

A spokesperson for MPD told 5 EYEWITNESS NEWS the policy issued last week “shall remain unchanged.”

The statement went on to say, in part, “The enforcement of civil immigration law falls exclusively within the authority of the federal government. Our mission is to reduce crime in Minneapolis while earning public trust. We are here to protect and serve all people in our community, and I hope to continue our collaborative partnerships with federal law enforcement to combat violent crime and the scourge of illegal drugs and criminal street gangs in our communities. MPD is unaware of any investigation or potential charges related to the Justice Department directive.”

Julia Decker, policy director at the Immigrant Law Center of Minnesota, expects the new policy could increase the organization’s caseload.

“As with a lot of things that have just happened in the last 24 to 48 hours with the new administration, there is going to be a lot we’re going to have to see what happens,” she said. “And be prepared to act or react in a very rapid fashion.”

She explained it’s hard to know whether the policy will ultimately be implemented. Each state and city takes a different approach to immigration protections and enforcement.

“Generally speaking, it’s kind of an unclear area because there’s not a lot of clarity about what the administration even considers a sanctuary city because the policies can be slightly different,” said Decker. “There’s a very limited extent to which the federal government can come in and say, ‘Hey we’re going to take your resources, we’re going to sort of commandeer your facilities, your time, your money to carry out federal law.’”

The City of St. Paul is also tracking the new policy. The city adopted a separation ordinance in April 2004.

“Our city workers fight fires, investigate crimes, fill potholes, and provide safe spaces for youth with no regard to citizenship status,” said Mayor Melvin Carter. “We’ve never had a role in enforcing federal immigration laws, nor asked for papers as a condition to receive city services, and we never will.”