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AG Sessions warns sanctuary jurisdictions to certify compliance with 8 U.S.C. § 1373 or lose DOJ grants

  1. Date Announced

    March 27, 2017

    Attorney General Sessions delivers remarks on sanctuary jurisdictions, stating that the DOJ will require jurisdictions seeking or applying for grants to certify compliance with 8 U.S.C. § 1373 and that DOJ will “take all lawful steps to claw-back any funds awarded to a jurisdiction that willfully violates Section 1373.”

    [ID #137]

    View Policy Document
  2. Effective Date of Change

    March 27, 2017
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: ICE DOJ State & Local Entities

Prior Policies

  • Under the Obama Administration, DHS replaced the controversial Secure Communities program with the Priority Enforcement Program (PEP) to address some of the sanctuary jurisdictions' concerns. Under PEP, ICE continued to receive biometric information on FBI arrests, but sought custody only when the person being held was convicted (rather than just arrested) of offenses that met the administration’s deportation priorities (criminal aliens convicted of felonies or multiple misdemeanors, and recent border crossers). Also, detainer requests were replaced by requests for notification, i.e. “requests that state or local law enforcement notify ICE of a pending release during the time that person is otherwise in custody under state of local authority.” DHS Secretary Jeh Johnson subsequently testified that DHS had been reaching out to the 49 largest sanctuary jurisdictions to urge their cooperation with PEP and that 33 cities had agreed, 5 had refused, and 11 were still deciding.

    Repeal of Secure Communities

Other Documents

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