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DOJ conditions grant funds on compliance with 8 U.S.C. § 1373

  1. Original Date Announced

    April 21, 2017

    DOJ sends letters to nine jurisdictions identified in a DOJ Inspector General report (May 2016) as having laws potentially violating 8 U.S.C. § 1373. The letters remind jurisdictions of their obligation to provide documentation and validation of their compliance with § 1373 as a condition for receiving certain grant funds. The letters demand documentation by June 30, 2017.

    [ID #141]

    DOJ Letter: Byrne JAG grant compliance certification
  2. Effective Date

    April 21, 2017

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Sanctuary Restrictions
Agencies Affected: DOJ ICE State & Local Entities

Pre Trump-Era Policies

  • 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
  • October 24, 2018 case.

Commentary

  • Sanctuary Cities and Immigration Detainers: A Primer

    Sanctuary Cities and Immigration Detainers: A Primer Go to article

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