DOJ Issues Grant Condition Related to Information Sharing on Immigrants

July 10, 2018 | By Jerry Ashworth | Post a Comment

7caoqe8giThe heated debate over sanctuary cities continues, and now it is finding its way into grant terms and conditions. The Department of Justice (DOJ) recently posted notices of funding opportunities under four public safety grant programs for federal fiscal year 2018. However, DOJ is adding a new condition that will require applicants for these program to certify compliance to increased information sharing between federal, state and local law enforcement. DOJ contends that these new grant conditions “will ensure that federal immigration authorities have the information they need to enforce immigration laws and keep our communities safe.”

The new conditions will require recipient jurisdictions to certify that they: (1) comply with 8 U.S.C. 1373 and 1644, which promote information sharing and other cooperation between state and local law enforcement and federal immigration authorities; (2) when practicable, provide advance notice before releasing a criminal alien from a state or local detention center; (3) permit Department of Homeland Security personnel to access criminal detention facilities in order to meet to conduct interviews of criminal aliens in state or local custody; and (4) comply with federal criminal laws related to the harboring of illegal aliens. Further, DOJ will give preferential consideration to applicants that plan to use immigration-cooperation tactics to address public safety in their jurisdiction.

According to Attorney General Jeff Sessions when announcing the notices: “As part of accomplishing the Department of Justice’s top priority of reducing violent crime, we must encourage these ‘sanctuary’ jurisdictions to change their policies that undermine public safety, and to partner with federal law enforcement to remove criminals.” Clearly we know where DOJ and Sessions stand on this issue.

The grant programs involved under the notices are:

  1. Supporting Innovation: Field-Initiated Programs to Improve Officer and Public Safety — provides funding to pilot, assess and implement original approaches that target emerging or chronic crime problems facing the country and placing our officers and public at risk.
  2. Justice Accountability Initiative: Pilot Projects Using Data-driven Systems to Reduce Crime and Recidivism — provides funding to reduce recidivism and crime by improving the effectiveness of risk assessments and to provide a more data-driven approach systemwide.
  3. Gang Suppression Planning: Build Capacity for a Multilateral Data-Driven Strategy to Promote Public Safety — provides funding to understand a jurisdiction’s gang landscape and be able to use data to develop effective gang control strategies.
  4. A Law Enforcement and Prosecutorial Approach To Address Gang Recruitment of Unaccompanied Alien Children program — provides funding to jurisdictions that have high levels of youth-perpetrated gun crime and gang violence and that can demonstrate a willingness and readiness to develop fully comprehensive community- and data-driven responses.

It will be interesting to see how applicant jurisdiction react to this new information-sharing condition. We’ll make sure to keep an eye on this one.

Let us know what you think about this new condition and how it will impact these programs. We’d love to hear from you.

As a reminder, we have all of our Federal Funding Training Forums scheduled for 2018. Please let me know if you have questions or can make any of these. We hope to see you there!

  • Wednesday July 25 – Friday July 27 in MINNEAPOLIS

  • Wednesday October 17 – Friday October 19 in ATLANTA


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