Justice Department Still Funding Sanctuaries

The Department of Justice’s (DOJ) grant allocations have long been a subject of scrutiny, especially concerning their impact on sanctuary jurisdictions — those localities that deliberately obstruct federal immigration enforcement. This report delves into the latest data from 2023, expanding the search for funding to the Office of Justice Programs (OJP).

Background

The Center for Immigration Studies has identified about 300 states and localities with sanctuary policies that obstruct immigration enforcement and shield criminals from U.S. Customs and Immigration Enforcement (ICE). These policies include refusing ICE detainers, imposing unreasonable conditions on detainer acceptance, denying ICE access to interview incarcerated aliens, or prohibiting local officials from communicating with federal immigration officers.

Some of these policies violate federal law (8 USC 1373 and 1644), which prohibits state or local governments from restricting communication with federal immigration authorities about a person’s immigration status.

This analysis examines three DOJ grant programs: the State Criminal Alien Assistance Program (SCAAP), the Office of Justice Programs (OJP), and the Community Oriented Policing Services (COPS). SCAAP reimburses state and local prisons for a portion of the cost of incarcerating illegal aliens. The OJP provides federal justice and law enforcement funding to state and local jurisdictions. The COPS program funds community policing efforts.

These DOJ programs are major federal funding sources for state and local law enforcement. Recipients theoretically are expected to comply with all federal laws. Beginning in 2016, congressional appropriators and DOJ officials began to require state officials to certify, under penalty of perjury, that the recipient jurisdiction was complying with all federal laws, and specifically with 8 USC 1373/1644. Some jurisdictions, like Miami-Dade County, Fla., changed their policies, while others refused and lost funding. The ensuing lawsuits met varying outcomes, culminating in an attempted Supreme Court appeal dismissed as moot after the Biden administration rescinded the rules barring sanctuaries.

Historic DOJ Funding to Sanctuaries

• In 2010, the State Criminal Alien Assistance Program (SCAAP) distributed roughly $400 million to approximately 850 jurisdictions. Twenty-seven sanctuary jurisdictions received $62.6 million, or 15.6 percent of the total funding. These jurisdictions, of which San Francisco and Chicago represent a significant share, received this funding despite their policies hindering ICE operations, effectively creating a paradox where local policies exacerbate the very problem that the federal funds aim to mitigate.
• By 2021, these funding disparities had worsened. That year, nearly $300 million was funneled to sanctuary jurisdictions through a combination of SCAAP, Byrne Justice Assistance Grants (Byrne JAG), and Community Oriented Policing Services (COPS). These funds accounted for a staggering 43 percent of the total funding available under these programs. California, with its statewide sanctuary laws, was a significant beneficiary, receiving $82 million in funding, with substantial sums also going to Chicago, San Francisco, and Washington, D.C.

DOJ Funding to Sanctuaries in 2023

The latest figures from 2023 indicate a continuation of this trend, with sanctuary jurisdictions receiving over $1.56 billion from three major sources of law enforcement funding. This sum represents 29.34 percent of the $5.33 billion total available funds. The breakdown is as follows:

• SCAAP: $126.8 million allocated to sanctuary jurisdictions out of $210.4 million available (60.29 percent).
• OJP: $1.21 billion allocated to sanctuary jurisdictions out of $4.46 billion available (27.25 percent).
• COPS: $222.8 million allocated to sanctuary jurisdictions out of $662.9 million available (33.60 percent).

Sanctuary jurisdictions received more of the available SCAAP and COPS funding, with 1.9 percent and 5.4 percent increases respectively. Total COPS funding to sanctuary jurisdictions nearly doubled from 2021 to 2023.

Analysis

The 2023 data reveals a significant increase in both gross total and proportional funding allocated to sanctuary jurisdictions compared to previous years, reflecting a persistent upward trend in the accessibility of these federal funds to sanctuaries.

The data presents a stark and troubling reality: Federal funds intended to support law enforcement are increasingly being directed to jurisdictions that actively obstruct federal immigration enforcement. These results suggest that the DOJ — through its discretionary funding — is underwriting jurisdictions that are deliberately undermining the mission of another federal law enforcement agency.

Sanctuary jurisdictions, by design, prevent local officials from cooperating with ICE, creating safe havens for illegal aliens, including those who have committed violent crimes. This practice poses a significant risk to public safety. In addition, allowing these jurisdictions to continue to receive large sums of federal funding diminishes the resources available to jurisdictions that choose to comply with federal laws and support immigration enforcement efforts. There is an urgent need for legislative and administrative action to rectify this imbalance.

Recommendations

1. Legislative Measures: Congress must take definitive action to restrict federal funding for jurisdictions that do not comply with federal immigration laws. Conditioning SCAAP, OJP, and COPS funding on cooperation with ICE is a logical and necessary step.
2. Enforcement of Compliance: The DOJ should rigorously enforce compliance with federal laws prohibiting sanctuary policies. Jurisdictions should be required to certify their adherence to federal immigration laws as a prerequisite for receiving federal funding, and DOJ staff should verify compliance.
3. Administrative Designation: The DOJ should consider designating jurisdictions as federally non-compliant if they interfere with federal immigration enforcement efforts. These designations would be published by the Department of Justice on its website and in the Federal Register. Besides serving as a notice to the public, the designations potentially could be used as a standard of eligibility for other federal or state programs, further pressuring the non-compliant jurisdictions.
4. State-Level Actions: States should consider enacting laws that prohibit local sanctuary policies. States like Texas and Florida have set precedents by passing legislation mandating local cooperation with federal immigration authorities, including honoring ICE detainers, with stiff penalties for non-compliance, such as debarment from funding and potential criminal charges against law enforcement officials who violate the law.

Conclusion

The 2023 allocation of federal funding to sanctuary jurisdictions reflects a concerning trend, one that undermines the rule of law and public safety. The continued flow of federal dollars to these rogue jurisdictions calls for immediate and decisive action from both federal and state lawmakers. By conditioning DOJ funding on compliance with immigration laws, enhancing accountability, and supporting state-level initiatives against sanctuary policies, Americans can ensure that federal funds are used to uphold, rather than undermine, national immigration laws and public safety.