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Original Date Announced
March 27, 2017Attorney 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]
DOJ Press Release: Attorney General Jeff Sessions Delivers Remarks on Sanctuary JurisdictionsEffective Date
March 27, 2017Biden Administration Action: Revoked/Replaced
April 28, 20212021.04.28 Reuters Reports: Justice Department ends Trump-era limits on grants to ‘sanctuary cities’
REPORTED:
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On April 28, 2021, Reuters reported that the Justice Department ended Trump-era limits on these grants to "sanctuary cities."
View DocumentCurrent Status
Not in effectMost Recent Action
April 28, 2021 Action: Revoked/Replaced 2021.04.28 Reuters Reports: Justice Department ends Trump-era limits on grants to ‘sanctuary cities’April 28, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Sanctuary Restrictions InteriorAgencies Affected: DOJ ICE State & Local EntitiesAssociated or Derivative Policies
- January 25, 2017 POTUS issues EO 13768, broadly expanding enforcement priorities and mandating enhancements to interior enforcement
- June 28, 2018 DOJ issues new immigration-related conditions for FY 2018 Byrne/JAG grants
- July 20, 2018 DOJ issues FY18 solicitation for Byrne JAG grants with new "conditions"
Pre Trump-Era Policies
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November 14, 2014
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
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
Secure Communities
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Commentary
Original Source:
Sanctuary Cities and Immigration Detainers: A Primer
- Other
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
Reut
Commentary
Bipartisan Policy Center | Sanctuary Cities and Immigration Detainers: A Primer
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