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

  1. 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]

    View Policy Document
  2. Effective Date of Change

    April 21, 2017
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: Sanctuary Restrictions
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
  • case.

Commentary

Sanctuary Cities and Immigration Detainers: A Primer

Sanctuary Cities and Immigration Detainers: A Primer

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