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Original Date Announced
July 20, 2018DOJ publishes a new state solicitation for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, which requires localities to certify compliance with a number of federal immigration laws. Localities must certify that they 1) allow federal immigration access to detention facilities and 2) provide 48 hours notice before they release a noncitizen wanted by federal authorities. The soliciation also requires localities to comply with 8 USC § 1373.
[ID #174]
DOJ issues state solicitation for FY18 Justice Assistance Grant (JAG) program grantsEffective Date
August 22, 2018Subsequent Trump and Court Action(s)
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August 22, 2018
FY 2018 State Solicitation
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March 24, 2020
City of Providence v. Barr--First Circuit Opinion--3-24-20
The First, Third, Seventh and Ninth Circuits have found the DOJ's immigration-related conditions on the 2017 Byrne/JAG grants to be unlawful. Most recently, in March and July 2020, the First and Ninth Circuits concluded that DOJ lacked statutory authority to impose the new conditions. The courts did not reach the additional arguments advanced by the plaintiff cities that the conditions are arbitrary and capricious and that they violate the Spending Clause. See City of Providence v. Barr (1st Cir. Case No. 19-1802—Mar. 24, 2020); City of Philadelphia v. AG (3rd Cir. Case No. 18-2648—Feb. 19, 2019); Chicago v. Barr (7th Cir. Case No. 19-3290—Apr. 30, 2020); Los Angeles v. Barr (9th Cir. Case No. 18-56292—Oct. 31, 2019); City & County of San Francisco v. Barr (9th Cir. Case No. 18-17311--July 13, 2020). The Second Circuit has found the conditions lawful. See New York v. DOJ (2nd Cir. Case No. 19-267—Feb. 26, 2020). A petition for rehearing en banc was denied on July 13, 2020. The Supreme Court has extended the deadline for the filing of a petition for writ of certiorari in this case until December 10, 2020. Litigation challenging the modified 2018 grant conditions continues in various district courts.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Current Status
Not in effectOriginal Trump Policy Status
Trump Administration Action: Agency DirectiveSubject Matter: Sanctuary RestrictionsAgencies Affected: DOJ State & Local EntitiesAssociated or Derivative Policies
Pre Trump-Era Policies
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August 25, 2017
Prior to Trump Administration, "sanctuary jurisdictions" were not excluded from receiving JAG grants. In July 2017, DOJ listed criteria for the JAG program, which included cooperation with federal immigration agencies.
State Solicitation for FY2017 JAG Grants
Documents
Trump-Era Policy Documents
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