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Original Date Announced
July 25, 2017DOJ expands its anti-sanctuary policies by restricting eligibility for the FY 2017 Byrne Justice Assistance Grant (JAG) Program to jurisdictions that comply with 8 U.S.C. § 1373 (which mandates Federal, state, and local governments provide individuals' citizenship or immigration status to DHS).
DOJ's new solicitation for Edward Byrne Memorial Justice Assistance Grant Programs imposes three new grant "conditions" on applicants, requiring that applicants 1) certify that they are in compliance with 8 U.S.C. § 1373; 2) allow federal immigration access to detention facilities and 2) provide DHS 48 hours advance notice before they release a noncitizen wanted for removal by federal authorities.
[ID #267]
Sessions Announces Immigration Compliance Requirements for Byrne/JAG Program State Solicitation for FY2017 JAG GrantsEffective Date
July 25, 2017Subsequent Trump and Court Action(s)
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July 13, 2020
Ninth Circuit Opinion
The First, Third, Seventh, and Ninth Circuits have found 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 until December 10, 2020. Litigation challenging the modified 2018 grant conditions continues in various district courts.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Current Status
Not in effectOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Sanctuary RestrictionsAgencies Affected: AG ICE State & Local EntitiesPre Trump-Era Policies
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September 1, 2016
Sanctuary jurisdictions were not excluded from receiving JAG grants in 2016.
Justice Assistance Grant Program, 2016
Documents
Trump-Era Policy Documents
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Commentary
The Trump administration just toughened its crackdown on 'sanctuary cities'
Go to articleCongressional Research Service: DOJ Grant Conditions Targeting Sanctuary Jurisdictions: Litigation Update--May 4, 2018
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