Original Date AnnouncedNovember 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]DOJ Letters ustice Department Sends Letters to 29 Jurisdictions Regarding Their Compliance with 8 U.S.C. 1373
Effective DateDecember 8, 2017
Subsequent Trump-Era and Court Action(s)
August 1, 2018
City and County of San Francisco v. Trump
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.**View Document
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 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).View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration ActionMarch 4, 2021
2021.03.04 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 Document
Biden Administration Action: Revoked/ReplacedApril 28, 2021
2021.04.28 Reuters Reports: Justice Department ends Trump-era limits on grants to ‘sanctuary cities’
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 Document
Current StatusNot in effectMarch 4, 2021
Acted on by Biden AdministrationApril 28, 2021
Acted on by Biden Administration