DOJ Cracks Down On Sanctuary Cities
Legislative Update By: Robert Law
The U.S. Department of Justice (DOJ) issued guidelines on July 25 to crack down on sanctuary policies and advise state and local law enforcement agencies what actions would put them at risk to lose certain DOJ grant money. (DOJ Press Release, July 25, 2017) Under these guidelines, only law enforcement agencies that do not comply with federal law or minimally cooperate with the U.S. Department of Homeland Security (DHS) will lose eligibility for law enforcement support funding. (Id.)
Sanctuary policies are laws or policies that prohibit state or local officials from inquiring, acting on, or reporting an individual’s immigration status—even when there is reasonable suspicion that an individual is in the country illegally. (FAIR Issue Brief, October 2015) These dangerous policies allow criminal aliens to be released back into communities, often to recommit crimes, instead of being transferred to federal custody. (Id.) Sanctuary policies also waste taxpayer, both on the state and federal levels, by requiring law enforcement to duplicate efforts and thwarting cooperation between enforcement agencies. (Id.)
Specifically, law enforcement agencies that do not comply with DOJ’s requirements will be ineligible to receive Edward Byrne Memorial Justice Assistance Grants Program (Byrne JAG) funding for the subsequent fiscal year. (DOJ Backgrounder) Byrne JAG funds help state and local law enforcement agencies fund multiple components of the criminal justice system, including multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. (Office of Justice Programs)
To remain eligible to receive Byrne JAG grants, DOJ will merely require state and local law enforcement agencies to do the following:
- Comply with federal law that prohibits state and local jurisdictions from prohibiting their employees from sharing, receiving, or maintaining immigration status information with federal immigration officials or other governmental entities;
- Allow DHS personnel access state and local detention facilities in order to meet and interview aliens in custody; and
- Provide DHS with at least 48 hours’ notice before law enforcement can release an illegal alien in custody who is wanted by federal authorities. (DOJ Backgrounder)
While announcing the guidelines, Attorney General Jeff Sessions re-emphasized the dangers posed to communities by sanctuary cities. (DOJ Press Release, July 25, 2017) “So-called ‘sanctuary’ policies make all of us less safe because they intentionally undermine our laws and protect illegal aliens who have committed crimes,” Sessions stated in a press release. (Id.) “These policies also encourage illegal immigration and even human trafficking by perpetuating the lie that in certain cities, illegal aliens can live outside the law,” he added. (Id.)
FAIR commends Attorney General Session’s efforts to withhold Byrne JAG grant funds from sanctuary cities. DOJ’s guidelines will improve the flow of information between federal and state law enforcement authorities and restrict funding to law enforcement agencies that frustrate immigration enforcement by jeopardizing the safety of their residents.