The Department of Justice (DOJ) announced Tuesday that sanctuary jurisdictions will lose access to certain federal law enforcement grants in 2017 if they prohibit officials from communicating with ICE, if they block ICE from interviewing jail inmates, or if they fail to notify ICE of the pending release of criminal aliens ICE is seeking to deport. These particular grants, known as the Byrne Justice Assistance Grants, are the largest source of federal criminal justice funds for state, local, and tribal authorities.
This move is helping fulfill one early promise of the Trump administration: to impose consequences on the most egregious of the more than 300 sanctuary jurisdictions.
It is significant because a large share of the funds awarded in this program go to sanctuary jurisdictions. For example, according to DOJ records, the four largest grants, and seven out of the top 10 recipients of the Byrne/JAG grants are sanctuaries. Under the new rules announced by Sessions, these four top grant-getters (New York City, Cook County, Ill., the City of Los Angeles, and Philadelphia) are likely to be disqualified from these grants in the future if they maintain their current policies toward ICE. These cities received more than $10 million in grants in 2016.
See the table below for a list of sanctuary jurisdictions that received Byrne/JAG grants in 2016. Sanctuary jurisdictions received $32.7 million in 2016.
Ten sanctuaries are already at risk of debarment based on an initiative launched last year by Rep. John Culberson (R-Texas), chairman of the House Appropriations subcommittee that controls DOJ's budget. Last year, the department notified 10 of the worst sanctuaries that their DOJ law enforcement grants could be pulled if they did not come into compliance with the federal law prohibiting sanctuary policies. The jurisdictions are California; Connecticut; Cook County, Ill.; Chicago; Milwaukee County; New York City; New Orleans; Philadelphia; Miami-Dade County, Fla.; and Las Vegas.
A few months later, Miami-Dade County reversed its sanctuary policy and began cooperating fully with ICE.
In April 2017, DOJ sent letters to nine of the jurisdictions (all but Connecticut) reminding them that by a deadline of June 30, 2017, they had to send documentation of compliance with the law or lose certain funding (and potentially face clawbacks of previously awarded funding). The documentation of "alleged compliance" is currently under review and the results are expected soon. AG Sessions has said their statements will be reviewed carefully: "It is not enough to assert compliance, the jurisdictions must actually be in compliance."
Tuesday's announcement makes clear that DOJ is not looking merely at bare minimal compliance with the letter of Section 1373, the federal law that prohibits policies that block communication between local officials and federal immigration agencies, which many sanctuaries dubiously claim to meet. It also signals that if a jurisdiction feels constrained by the legal controversies surrounding detainers (see discussion here), they can still demonstrate satisfactory cooperation by giving ICE 48 hours advance notice of criminal alien releases.
The following jurisdictions have extreme sanctuary policies that, if maintained, are likely to lead to disqualification from Byrne/JAG grants under the new rules: New York City; Chicago; Cook County, Ill.; Philadelphia; San Francisco County, Calif.; Orleans County, La.; Newark, N.J.; Travis County, Texas; Taos County, N.M.; Lycoming County, Pa.; and Butler County, Pa. Some jurisdictions have milder versions of sanctuary policies that may not lead to disqualification from grants under the DOJ rules announced Tuesday. For example, the following jurisdictions do not honor detainers but already provide ICE with adequate notification of criminal alien releases: Chesterfield County, Va.; Erie County, Pa.; Bedford County, Pa.; Montgomery County, Pa.; and Lebanon County, Pa. Under the new rules, these counties and others may still maintain eligibility for grants if they continue to cooperate fully with ICE.
A new map shows the jurisdictions that are most likely to fail to meet the new requirements, those that likely can meet requirements with their current policies, and a large number that could go either way.
The Byrne/JAG grants are one of three programs now off-limits to sanctuaries. Last year, Rep. Culberson imposed requirements for basic compliance on the State Criminal Alien Assistance Program, which offers partial reimbursement for the costs of incarcerating illegal aliens, and the Community Oriented Policing grant program.
How much money is at stake in the Byrne/JAG program? The Trump administration reportedly is seeking $380 million for the program in 2018. The table below shows a list of sanctuary jurisdictions that received these grants in 2016 and the amount of the grant.
Sanctuary Jurisdictions Receiving Byrne/JAG Grants in 2016
Awardee | Award Amount | Location |
New York City Major's Office of Criminal Justice | $4,298,245 | N.Y. |
City of Chicago | $2,333,428 | Ill. |
City of Los Angeles | $1,870,503 | Calif. |
City of Philadelphia | $1,677,937 | Pa. |
Clark County | $975,604 | Nev. |
Milwaukee County | $937,932 | Wisc. |
County of Alameda, CA | $876,345 | Calif. |
City of Baltimore | $743,842 | Md. |
City of Seattle | $673,166 | Wash. |
County of San Bernandino | $626,025 | Calif. |
Hennepin County | $564,510 | Minn. |
City of San Diego | $546,793 | Calif. |
City of Newark Police Department | $525,446 | N.J. |
City and County of San Francisco | $522,943 | Calif. |
City of Albuquerque | $479,125 | N.M. |
City of Portland | $465,810 | Ore. |
City of Boston | $447,390 | Mass. |
City of Riverside | $429,942 | Calif. |
City and County of Denver | $426,590 | Colo. |
City of Stockton | $383,843 | Calif. |
City of Orange | $377,708 | Calif. |
Baltimore, County of | $336,110 | Md. |
County of Sedwick | $331,032 | Kan. |
Prince Georges County | $312,667 | Md. |
Dekalb County | $306,768 | Ga. |
City of Tacoma | $287,469 | Wash. |
City of Fresno | $269,208 | Calif. |
City of New Orleans | $265,832 | La. |
City of Saint Paul | $260,540 | Minn. |
City of Sacramento | $256,776 | Calif. |
City of Colorado Springs | $255,100 | Colo. |
Sacramento County | $241,650 | Calif. |
City of Providence | $225,539 | R.I. |
City of New Haven | $217,907 | Conn. |
City of Hartford | $196,347 | Conn. |
City of Long Beach | $196,217 | Calif. |
City of Bridgeport | $195,781 | Conn. |
Contra Costa County | $194,562 | Calif. |
City of Aurora | $175,123 | Colo. |
County of Kern | $168,552 | Calif. |
County of Union | $167,034 | N.J. |
County of Stanislaus | $165,937 | Calif. |
Spokane County | $154,903 | Wash. |
County of Delaware | $154,093 | Pa. |
Montgomery County | $147,560 | Md. |
City of Bakersfield | $145,769 | Calif. |
City of North Las Vegas PD | $143,777 | Nev. |
City of Vallejo | $136,511 | Calif. |
City of Reno | $130,850 | Nev. |
City of Syracuse | $117,888 | N.Y. |
City of Oxnard | $112,635 | Calif. |
Santa Barbara County | $108,100 | Calif. |
Clayton County | $107,853 | Ga. |
City of Salinas | $98,308 | Calif. |
City of Pueblo | $95,787 | Colo. |
City of Compton | $95,747 | Calif. |
Clark County | $91,717 | Wash. |
City of New Brunswick | $90,341 | N.J. |
City of Lakewood | $87,988 | Colo. |
City of Topeka | $85,769 | Kan. |
Lane County | $84,217 | Ore. |
County of Jackson | $76,389 | Calif. |
City of Council Bluffs | $73,440 | Iowa |
City of Salem | $69,968 | Ore. |
City of Pomona Police Dept | $69,550 | Calif. |
City of Lancaster | $68,883 | Calif. |
City of Greeley | $65,164 | Colo. |
City of Palmdale | $64,321 | Calif. |
City of Gainesville | $63,771 | Fla. |
City of Yakima | $63,434 | Wash. |
City of Allentown | $62,429 | Pa. |
Inglewood City | $61,413 | Calif. |
City of Santa Cruz | $59,519 | Calif. |
Chesterfield County | $55,163 | Va. |
City of Pawtucket | $54,601 | R.I. |
City of Oceanside | $53,730 | Calif. |
City of Merced | $51,649 | Calif. |
City of Fort Collins | $51,561 | Colo. |
City of Redding | $50,688 | Calif. |
Linn County | $50,045 | Iowa |
City of Hawthorne | $50,021 | Calif. |
City of Waterbury | $49,914 | Conn. |
City of Boulder | $49,602 | Colo. |
City of Santa Rosa | $48,367 | Calif. |
Sonoma County | $48,287 | Calif. |
City of Woonsocket | $47,961 | R.I. |
Chula Vista City | $47,700 | Calif. |
Adams County | $46,754 | Colo. |
City of Escondido | $46,313 | Calif. |
Municipality of Norristown | $46,294 | Pa. |
County of Tulare | $46,020 | Calif. |
City of Everett | $45,593 | Wash. |
Arlington County | $44,203 | Va. |
City of Erie | $43,588 | Pa. |
City of Stamford | $43,468 | Conn. |
City of Elk Grove | $42,765 | Calif. |
City of Gallup | $42,240 | N.M. |
Shasta County | $42,045 | Calif. |
City of South Gate | $41,484 | Calif. |
County of Merced | $41,458 | Calif. |
City of Visalia | $40,764 | Calif. |
County of Washington | $39,976 | Ore. |
City of Bellingham | $39,398 | Wash. |
City of New Britain | $39,287 | Conn. |
Town of Hamden | $38,895 | Conn. |
Kitsap County | $38,053 | Wash. |
Incorporated Village of Hempstead | $37,982 | N.Y. |
City of Hanford | $37,643 | Calif. |
Yolo County | $37,455 | Calif. |
City of New London | $36,107 | Conn. |
City of Thornton | $34,968 | Colo. |
Henderson Police Department | $34,400 | Nev. |
City of Concord | $33,988 | Calif. |
Hernando County | $33,767 | Fla. |
Deschutes. County of | $33,730 | Ore. |
City of Norwalk | $33,712 | Conn. |
Tulare City | $33,694 | Calif. |
Snohomish County | $33,664 | Wash. |
City of Vista | $33,348 | Calif. |
City of Farmington New Mexico | $33,277 | N.M. |
West Haven City | $32,841 | Conn. |
City of Cambridge | $32,576 | Mass. |
City of Las Cruces | $31,665 | N.M. |
City of Norwalk | $30,840 | Calif. |
City of Roswell | $30,672 | N.M. |
City of Huntington Park | $30,440 | Calif. |
City of Turlock | $30,066 | Calif. |
Madera County | $29,426 | Calif. |
City of Central Falls | $28,961 | R.I. |
City of El Cajon | $28,759 | Calif. |
City of El Monte | $28,492 | Calif. |
City of Grand Junction | $28,487 | Colo. |
City of Iowa City | $28,453 | Iowa |
City of Santa Monica | $28,199 | Calif. |
City of Rancho Cordova | $28,012 | Calif. |
City of Citrus Heights | $27,692 | Calif. |
City of Cranston | $27,195 | R.I. |
City of Westminster | $27,169 | Colo. |
Valencia County | $26,889 | N.M. |
City of Downey | $26,358 | Calif. |
San Juan County | $26,237 | N.M. |
Thurston County | $25,982 | Wash. |
Clackamas County Juvenile Department | $25,771 | Ore. |
City of Spokane Valley | $25,628 | Wash. |
City of National City | $25,397 | Calif. |
City of Meriden | $25,175 | Conn. |
Dona Asta County | $24,904 | N.M. |
City of Santa Clarita | $24,677 | Calif. |
City of Chico | $24,570 | Calif. |
City of Bremerton | $23,752 | Wash. |
City of Bellflower | $23,370 | Calif. |
County of San Mateo | $23,317 | Calif. |
City of Lodi | $22,863 | Calif. |
City of Hillsboro | $22,297 | Ore. |
Town of East Hartford | $22,213 | Conn. |
Placer County | $22,116 | Calif. |
City of West Hollywood | $21,903 | Calif. |
City of Gardena | $21,556 | Calif. |
City of Delano | $21,289 | Calif. |
San Luis Obispo County | $20,862 | Calif. |
City of Bethlehem | $20,854 | Pa. |
Mesa County | $20,546 | Colo. |
County of Mendocino | $20,222 | Calif. |
City of Watsonville | $20,115 | Calif. |
City of Somerville | $20,004 | Mass. |
City of Roseville | $19,928 | Calif. |
City of Pico Rivera | $19,822 | Calif. |
City of West Covina | $19,662 | Calif. |
City of Santa Fe | $19,631 | N.M. |
City of San Mateo | $19,475 | Calif. |
City of Napa | $19,208 | Calif. |
City of Whittier | $18,915 | Calif. |
City of Paramount | $18,808 | Calif. |
City of Commerce City | $18,766 | Colo. |
City of Baldwin Park | $18,675 | Calif. |
El Dorado County | $18,435 | Calif. |
City of Carlsbad | $18,408 | Calif. |
City of Clovis | $17,616 | N.M. |
City of Grants Pass | $17,547 | Ore. |
City of Arvada | $17,484 | Colo. |
City of Lakewood | $17,447 | Calif. |
City of Manteca | $17,421 | Calif. |
City of Bell | $17,341 | Calif. |
City of Beaverton | $17,239 | Ore. |
City of Yuba City | $17,181 | Calif. |
City of Olympia | $17,168 | Wash. |
City of Daly City | $16,887 | Calif. |
City of Rio Rancho | $16,871 | N.M. |
City of Azusa | $16,834 | Calif. |
Norwich City | $16,638 | Conn. |
City of Loveland | $16,451 | Colo. |
City of Clovis | $16,434 | Calif. |
City of Longview | $16,389 | Wash. |
City of La Mesa | $16,354 | Calif. |
City of Everett | $16,288 | Mass. |
City of DeKalb | $16,225 | Ill. |
City of Glendale | $16,007 | Calif. |
City of Danbury | $15,985 | Conn. |
County of Lake | $15,980 | Calif. |
City of Centennial Colorado | $15,668 | Colo. |
County of Yuba | $15,553 | Calif. |
City of Dinuba | $15,527 | Calif. |
City of Burbank | $15,046 | Calif. |
County of Nevada | $15,020 | Calif. |
Douglas County Government | $14,813 | Colo. |
City of Santa Clara | $14,806 | Calif. |
City of Selma | $14,753 | Calif. |
Imperial County | $14,726 | Calif. |
City of Porterville | $14,726 | Calif. |
City of Petaluma | $14,566 | Calif. |
City of Atwater | $14,513 | Calif. |
City of Gilroy | $14,299 | Calif. |
City of Torrance | $14,193 | Calif. |
Village of Freeport | $14,140 | N.Y. |
Reedley Police Department | $14,113 | Calif. |
Town of Manchester | $14,068 | Conn. |
City of San Luis Obispo | $13,873 | Calif. |
City of Pittsburg | $13,659 | Calif. |
City of Sanger | $13,659 | Calif. |
City of Culver City | $13,579 | Calif. |
City of Redondo Beach | $13,552 | Calif. |
City of Newton | $13,458 | Kan. |
Tehama County District Attorney | $13,419 | Calif. |
Eureka Police Department | $13,232 | Calif. |
City of Arvin | $13,206 | Calif. |
City of Hollister | $13,152 | Calif. |
Township of Lakewood | $13,149 | N.J. |
City of Lawndale | $12,966 | Calif. |
City of Marysville | $12,956 | Wash. |
City of Sunnyvale | $12,832 | Calif. |
City of Alhambra | $12,805 | Calif. |
City of East Providence | $12,785 | R.I. |
City of El Centro | $12,725 | Calif. |
City of Mountain View | $12,485 | Calif. |
City of Ceres | $12,299 | Calif. |
Brighton Police Department | $12,036 | Colo. |
City of Redmond | $11,874 | Ore. |
City of Coalinga | $11,738 | Calif. |
City of Santee | $11,738 | Calif. |
City of Rosemead | $11,712 | Calif. |
Village of Los Lunas | $11,692 | N.M. |
City of Pearland | $11,670 | Texas |
City of Las Vegas | $11,537 | N.M. |
City of Tracy | $11,365 | Calif. |
City of Wheat Ridge | $11,288 | Colo. |
City of Northglenn | $11,217 | Colo. |
City of Puyallup | $11,115 | Wash. |
City of Walla Walla | $11,115 | Wash. |
City of Lemon Grove | $10,858 | Calif. |
Town of Stratford | $10,715 | Conn. |
City of Belen | $10,700 | N.M. |
City of La Puente | $10,671 | Calif. |
Covina Police Department | $10,645 | Calif. |
City of Moses Lake | $10,619 | Wash. |
City of Monterey | $10,351 | Calif. |
City of Red Bluff | $10,324 | Calif. |
City of Los Banos | $10,244 | Calif. |
City of Encinitas | $10,164 | Calif. |
City of Ridgecrest | $10,138 | Calif. |
City of South Lake Tahoe | $10,031 | Calif. |
Total | $32,737,204 |