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DOJ issues new immigration-related conditions for FY 2018 Byrne/JAG grants

  1. Date Announced

    June 28, 2018

    DOJ announces new certification requirements for jurisdiction applying for four public safety grants that are intended to increase immigration-related information sharing with the federal government. Local and state governments seeking these grants must certify that they: (1) conduct information sharing and other cooperation between state and local law enforcement and federal immigration authorities; (2) provide advance notice before releasing a criminal noncitizen from detention center; (3) permit DHS to access criminal detention facilities to interview noncitizens in state or local custody; (4) provide information regarding section 1373; and (5) do not engage in actions that directly or indirectly violate federal criminal harboring laws.

    [ID #172]

    View Policy Document
  2. Effective Date of Change

    June 28, 2018
  3. Subsequent Action

    March 24, 2020

    The First, Third, Seventh and Ninth Circuits have found the 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.

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

    City of Providence v. Barr--First Circuit Opinion--3-24-20
Type of Action: Change in Practice
Subject Matter: Sanctuary Restrictions
Agencies Affected: DOJ ICE State & Local Entities

Prior Policies

Subsequent Action

  1. Associated or Derivative Policies

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