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DOJ issues FY18 solicitation for Byrne JAG grants with new "conditions"

  1. Date Announced

    July 20, 2018

    DOJ 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]

    View Policy Document
  2. Effective Date of Change

    Aug. 22, 2018
  3. Subsequent Action

    August 22, 2018 FY 2018 State Solicitation
  4. Subsequent Action

    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.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

Type of Action: Agency Directive
Subject Matter: Sanctuary Restrictions
Agencies Affected: DOJ State & Local Entities

Prior Policies

  • 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

Subsequent Actions

  1. Associated or Derivative Policies

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