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.
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
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Reflects degree to which the Trump-era policy remains in effect today.
Trump-era policies that have not been altered or eliminated.
Policies that have not been fully eliminated but are not in effect in their original substance. They may have been amended, updated with changes, or eliminated or enjoined in some jurisdictions or with respect to some affected parties but not others.
Policies that have expired or been fully rescinded, replaced, enjoined, etc., or that were proposed but never were finalized.
Indicates the entity that caused the action reflected in Type of Action. "Others" may include the Trump administration, Congress, unions, etc.--i.e., any actor other than the courts or the Biden Administration.
Indicates the process or action by which a policy ceased to be in effect or became partially in effect. If no such action or process has take place, or if the policy has been ratified, it is fully in effect.