AG Sessions Set to Block Millions in Funding to Sanctuaries

By Jessica M. Vaughan on July 27, 2017

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.

Sanctuaries at Risk of Disqualification From Federal Law Enforcement Funds
View Interactive Map of Table Below

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