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DOJ warns 29 jurisdictions about losing Byrne JAG funds for non-compliance with § 1373

  1. Date Announced

    Nov. 15, 2017

    DOJ 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 cities 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]

    See Biden administration action below.

    View Policy Document View Policy Document
  2. Effective Date of Change

    Dec. 8, 2017
  3. Subsequent Action

    August 1, 2018

    There are ongoing litigation challenges brought by Philadelphia, Chicago, Los Angeles, California, Illinois, New York, New Jersey, Massachusetts, Connecticut, Washington, and Virginia. Immigration-related restrictions on Byrne/JAG grants have been found unlawful by several federal courts in California, Illinois and Pennsylvania.

    The case, City and County of San Francisco v. Trump, was pending before the Supreme Court, but was 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.**

    City and County of San Francisco v. Trump
  4. Subsequent Action

    February 15, 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 have subsequently found the conditions unlawful as well. The Second Circuit has 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).

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

    City of Philadelphia v. AG (3rd Cir. 2019)
  5. Biden Administration Action

    March 4, 2021

    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.

    2021.03.04 Wilkinson v. City and County of San Francisco Joint Stipulation to Dismiss
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 Byrne/JAG grants.

Subsequent Actions

Biden Administration Action

Commentary

U.S. News: DOJ Targets 29 'Sanctuary Cities' in Latest Salvo

Go to article

Trump Administration Ratchets up Pressure on “Sanctuary” Jurisdictions

Migration Policy Institute article on Trump Administration ratcheting up pressure on sanctuary cities.

Go to article

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