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Original Date Announced
November 15, 2017DOJ sends letters to 29 jurisdictions warning them that their policies may violate 8 U.S.C. § 1373 and therefore place them in jeopardy of losing Byrne Justice Assistance Grant (JAG) funding. The letters also provide these jurisdictions with a final opportunity to respond with additional information or documentation of their compliance before a final determination is made.
The localities and states receiving letters are Albany, NY; Berkeley, CA; Bernalillo County, NM; Burlington, VT; Contra Costa County, CA; Denver, CO; Fremont, CA; Jackson, MI; King County, WA; Lawrence, MA; Los Angeles, CA; Louisville, KY; Middlesex, NJ; Monterey County, CA; Multnomah County, OR; Newark, NJ; Riverside County, CA; Sacramento County, CA; San Francisco, CA; Santa Ana, CA; Santa Clara County, CA; Seattle, WA; Sonoma County, CA; Washington, DC; Watsonville, CA; West Palm Beach, FL; the State of Illinois, the State of Oregon, and the State of Vermont.
[Item #149]
DOJ Letters ustice Department Sends Letters to 29 Jurisdictions Regarding Their Compliance with 8 U.S.C. 1373Effective Date
December 8, 2017Subsequent Trump and Court Action(s)
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August 1, 2018
City and County of San Francisco v. Trump
Litigation challenges were brought by Philadelphia, Chicago, Los Angeles, California, Illinois, New York, New Jersey, Massachusetts, Connecticut, Washington, and Virginia. Federal courts in California, Illinois and Pennsylvania found immigration-related restrictions on Byrne/JAG grants to be unlawful.
City and County of San Francisco v. Trump was pending before the Supreme Court until being dismissed on March 5, 2021, pursuant to a joint stipulation by the parties.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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February 15, 2019
City of Philadelphia v. AG (3rd Cir. 2019)
The Third Circuit held that FY 2017 Byrne JAG grant conditions were unlawfully imposed. See City of Philadelphia v. AG (3rd Cir. Case No. 18-2648). The First, Seventh and Ninth Circuits subsequently found the conditions unlawful as well. The Second Circuit found the conditions lawful. See City of Providence v. Barr (1st Cir. Case No. 19-802) (03/24/20); Chicago v. Barr (7th Cir. Case No. 19-3290) (04/30/20); Los Angeles v. Barr (9th Cir. Case No. 18-56292) (10/31/19); New York v. DOJ (2nd Cir. Case No. 19-267) (02/26/20).
View Document
Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources. -
July 29, 2022
Ninth Circuit Vacatur SF v. Garland
In consolidated appeals, on July 29, 2022, the Ninth Circuit vacated determinations by the Northern District of California and the District of Oregon that 8 U.S.C. §§ 1373 and 1644 were facially unconstitutional under the Tenth Amendment. The Court found that the plaintiffs' challenges to the provisions were not justiciable because their laws were consistent with the contested federal provisions. However, the Court affirmed the district courts' judgments enjoining DOJ from withholding funds from the Byrne JAG program for recipients that refused to comply with immigration-enforcement conditions.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action
March 4, 20212021.03.04 Wilkinson v. City and County of San Francisco Joint Stipulation to Dismiss
On March 4, 2021, the Biden administration filed a joint stipulation under Supreme Court Rule 46.1, requesting dismissal of the pending petition for writ of certiorari in Wilkinson v. City and County of San Francisco, where the Trump Department of Justice had sought Supreme Court review of a Ninth Circuit decision finding that DOJ did not have the authority to impose its "sanctuary city" grant conditions on Byrne/JAG grants. The Supreme Court dismissed the case on March 5, 2021.
View DocumentBiden Administration Action: Revoked/Replaced
April 28, 20212021.04.28 Reuters Reports: Justice Department ends Trump-era limits on grants to ‘sanctuary cities’
REPORTED:
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On April 28, 2021, Reuters reported that the Justice Department ended Trump-era limits on these grants to "sanctuary cities."
View DocumentCurrent Status
Not in effectMost Recent Action
April 28, 2021 Action: Revoked/Replaced 2021.04.28 Reuters Reports: Justice Department ends Trump-era limits on grants to ‘sanctuary cities’March 4, 2021Acted on by Biden Administration
April 28, 2021Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: Agency DirectiveSubject Matter: Sanctuary RestrictionsAgencies Affected: DOJ State & Local EntitiesAssociated or Derivative Policies
- January 25, 2017 POTUS issues EO 13768, broadly expanding enforcement priorities and mandating enhancements to interior enforcement
- April 21, 2017 DOJ conditions grant funds on compliance with 8 U.S.C. § 1373
- June 28, 2018 DOJ issues new immigration-related conditions for FY 2018 Byrne/JAG grants
- July 20, 2018 DOJ issues FY18 solicitation for Byrne JAG grants with new "conditions"
Pre Trump-Era Policies
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Prior to the Trump Administration, "sanctuary jurisdictions" were not excluded from receiving Byrne/JAG grants.
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
Justice Dep't Targets 29 Sanctuary Cities
Go to articleTrump Administration Ratchets up Pressure on “Sanctuary” Jurisdictions
Migration Policy Institute article on Trump Administration ratcheting up pressure on sanctuary cities.
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