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DOJ finds five jurisdictions not in compliance with § 1373, gives time to respond

  1. Date Announced

    Oct. 12, 2017

    DOJ notifies five jurisdictions that its preliminary review finds them not in compliance with 8 U.S.C. § 1373, but will allow them to respond with additional information or documentation about their compliance before a final determination will be made. Those jurisdictions are Cook County IL, Chicago IL, New Orleans LA, New York NY, and Philadelphia PA.

    [ID #148]

    View Policy Document
  2. Effective Date of Change

    Oct. 12, 2017
  3. Subsequent Action

    August 1, 2018

    There are ongoing litigation challenges to these new restrictions 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.

    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. 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)

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