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

  1. Original Date Announced

    November 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 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. 1373
  2. Effective Date

    December 8, 2017
  4. Biden Administration Action

    March 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
  5. Biden Administration Action: Revoked/Replaced

    April 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 Status

Not in effect
March 4, 2021
Acted on by Biden Administration
April 28, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Sanctuary Restrictions
Agencies Affected: DOJ State & Local Entities

Pre Trump-Era Policies

  • Prior to the Trump Administration, "sanctuary jurisdictions" were not excluded from receiving Byrne/JAG grants.


  • Justice Dep't Targets 29 Sanctuary Cities

    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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