Justice Department Cuts Off Federal Law Enforcement Grants To Sanctuary Cities

Justice Department Cuts Off Federal Law Enforcement Grants To Sanctuary Cities


CHUCK ROSS
Reporter
7:32 PM 07/07/2016


In a surprise move on Thursday, the U.S. Justice Department adopted new policies that will deny federal law enforcement grants to some “sanctuary cities.”

According to guidance issued by the DOJ’s Office of Justice Programs, cities that refuse to honor Section 1373 of the United States Code will no longer be eligible for the Edward Byrne Justice Assistance Grant Program (JAG) and the State Criminal Alien Assistance Program (SCAAP) grants.

Section 1373 prohibits “government entities and officials from taking action to prohibit or in any way restrict the maintenance or intergovernmental exchange of [immigration status] information, including through written or unwritten policies or practices.”

Some cites have so-called “sanctuary” policies on the books that prohibit local law enforcement agencies from providing such information to federal immigration agencies.

The policies entered the national spotlight last year after 32-year-old Kate Steinle was murdered in San Francisco by an illegal alien. The killer was released by San Francisco’s sheriff’s department last April.

Because of its sanctuary policies, the agency refused to honor a detainer request for the illegal alien issued by U.S. Immigration and Customs Enforcement.

More than $3.4 billion in funding has been given to states and cities in the past five years, Texas Rep. John Culberson said in a statement announcing the Justice Department’s updated guidance.

The Republican, who chairs the House Appropriations Committee’s Subcommittee on Commerce, Justice, Science and Related Agencies, spurred the Justice Department’s move.

On Feb. 1, he sent a letter to Attorney General Loretta Lynch urging the Justice Department to cut off funding to locales that refuse to comply with Section 1373.

In addition to cutting off law enforcement grant funding for cities out of compliance with the law, local governments must also make an effort to inform employees of the updated guidance.

“Personnel must be informed…federal law does not allow any government entity or official to prohibit the sending or receiving of information about an individual’s citizenship or immigration status with any federal, state or local government entity and officials,” reads OJP’s ruling.

The update also clarifies that state governments are not allowed to provide subgrants to cities that violate Section 1373.

http://cdn01.dailycaller.com/wp-cont...PM-620x158.png

Culberson touted the Justice Department’s move.

“State and local governments must now choose between receiving federal law enforcement grant money or protecting dangerous criminal illegal aliens. They can no longer do both,” he said in a statement.

“Sanctuary cities are a hub for illegal aliens and criminal activity, and we’ve seen the tragic results of these policies time and time again,” he added.

“It has been more than a year since Kate Steinle was murdered at the hands of a criminal illegal alien who intentionally sought out shelter in San Francisco due to the city’s sanctuary policies. This violence and suffering is intolerable and completely preventable.”

The Justice Department’s update comes a day after Senate Democrats knocked down a bill written in response to Steinle’s murder.

Known as “Kate’s Law,” the bill would have enforced mandatory five-year prison sentences for illegal aliens who illegally re-enter the U.S. more than two times or those who have been convicted of violent crimes who do the same.

Despite the change, the Obama administration is not likely to cut off other funding to sanctuary cities.

The White House is actively opposing another the Stop Dangerous Sanctuary Cities Act, a Republican-backed bill which would cut federal economic development and community block grants to sanctuary jurisdictions.

(RELATED: White House: Anti-Sanctuary City Law Would Impede Efforts To Enforce The Nation’s Immigration Laws)

The White House has argued that the bill would “deny funding for cities to implement a wide range of community development, infrastructure, and housing activities and provide vital public services, including meals to the elderly and affordable child care for low-income, working families.”

http://dailycaller.com/2016/07/07/ju...#ixzz4DlnA1uDc

Senate rejects 'sanctuary cities' defunding bill

8 U.S. Code § 1373 - Communication between government agencies and the Immigration and Naturalization Service


Current through Pub. L. 114-38.
(See Public Laws for the current Congress.)

• US Code
• Notes

(a)In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.


(b)Additional authority of government entities
Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:

(1)Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.

(2)Maintaining such information.

(3)Exchanging such information with any other Federal, State, or local government entity.

(c)Obligation to respond to inquiries

The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.

(Pub. L. 104–208, div. C, title VI, § 642, Sept. 30, 1996, 110 Stat. 3009–707.)

https://www.law.cornell.edu/uscode/text/8/1373

Feds moving to strip money from U.S. sanctuary cities

DOJ finds policy violates federal laws

http://twt-thumbs.washtimes.com/medi...06f8bdf3b557f4
Rep. John Culberson, Texas Republican, demanded earlier this year that Attorney General Lorretta E. Lynch take action against sanctuary cities, which the Justice Department has found violate federal laws. (Associated Press) more >

By Stephen Dinan - The Washington Times - Thursday, July 7, 2016

The Justice Department said Thursday it has warned sanctuary cities to quit shielding illegal immigrants from deportation agents or else lose federal grant money, putting some muscle behind Republicans’ push to punish cities and counties that have refused to cooperate.

That could prevent future situations like the Kate Steinle case, where an illegal immigrant was released by the sheriff's department in San Francisco despite a request that he be held for deportation.

The man would go on to kill Steinle, according to authorities, as she walked on the city waterfront with her father.

Justice officials confirmed the move in a letter to Rep. John Abney Culberson, Texas Republican and chairman of a key spending subcommittee, who had demanded action from Attorney General Loretta E. Lynch earlier this year.

Under the new guidance, local authorities don’t have to track down illegal immigrants, nor are they required to inquire about someone’s status. But when the government requests information, or when a local officer wants to report someone, the communications can’t be barred, the Justice Department ruled in its new guidance.

That could include situations when U.S. Immigration and Customs Enforcement asks to be notified when someone they want to deport is being released from a local prison or jail — such as in the Steinle case.

Jurisdictions that refuse to cooperate would lose funding under Justice Assistance Grants and the State Criminal Alien Assistance Program, which provide hundreds of millions of dollars a year to local law enforcement.

“Sanctuary cities are a hub for illegal aliens and criminal activity, and we’ve seen the tragic results of these policies time and time again,” Mr. Culberson said. “It has been more than a year since Kate Steinle was murdered at the hands of a criminal illegal alien who intentionally sought out shelter in San Francisco due to the city’s sanctuary policies. This violence and suffering is intolerable and completely preventable.”

The administration’s move could spur a backlash from immigrant rights activists, who have fought to defend sanctuary cities, insisting local authorities shouldn’t be enlisted in enforcement. The activists say immigrants will trust police less, leaving communities less safe.

Homeland Security officials counter that sanctuary cities release dangerous criminals onto the streets, endangering federal officers who must risk their lives to round the people up.

ICE has been pushing for years for the Justice Department to move against sanctuary cities, but made no headway under former Attorney General Eric H. Holder Jr.

But under Mr. Culberson’s prodding, the Justice Department reviewed existing federal law and determined that sanctuary cities violate what’s known as Section 1373, which forbids restrictions on sending or receiving information from federal immigration officers.

The inspector general issued a report looking at 10 reputed sanctuary cities, but it is being withheld as a sensitive law enforcement document, so it’s unclear what the findings were in those specific cases.

The Center for Immigration Studies has compiled a list of more than 300 jurisdictions that have sanctuary policies.

Jessica Vaughan, policy studies director at the center, said the new Justice Department guidance should free up local police and sheriffs who want to cooperate with federal authorities but are prohibited by a local ordinance or state law. Now officers can make the case that the policy will cost them money.

Some communities will still resist, however, Ms. Vaughan predicted.

“They’re going to have to decide between protecting criminal aliens and obstructing ICE, and receiving federal funding,” she said. “The hope is that many of them will reconsider, but if they don’t, they’re going to pay a price.”

The new guidance says the Justice Department will listen to “any source” that delivers credible evidence that a jurisdiction is acting as a sanctuary. The inspector general will investigate the reports and will refer any guilty jurisdictions back to the department for action.

Those deemed in violation will not only lose the chance at future money, but could have their previous grants clawed back, Ms. Vaughan said.

The Justice Department action comes just a day after Democrats in the Senate filibustered to defend sanctuary cities, blocking a GOP-led bill that would have stripped offending jurisdictions of economic and community development grant money.

Minority Leader Harry Reid said going after sanctuary cities was equivalent to embracing GOP presidential candidate Donald Trump’s immigration policies.

http://www.washingtontimes.com/news/...-yanks-by-fed/

Great post JD2.

An important step to getting some control back.

Quote:

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“Sanctuary cities are a hub for illegal aliens and criminal activity, and we’ve seen the tragic results of these policies time and time again,” Mr. Culberson said. “It has been more than a year since Kate Steinle was murdered at the hands of a criminal illegal alien who intentionally sought out shelter in San Francisco due to the city’s sanctuary policies. This violence and suffering is intolerable and completely preventable.”

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This man should be applauded.

Quote:

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“They’re going to have to decide between protecting criminal aliens and obstructing ICE, and receiving federal funding,” she said. “The hope is that many of them will reconsider, but if they don’t, they’re going to pay a price.”

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We can expect non-compliance from some I am sure, but at least there are consequences.

Now deem all Driver's Licenses issued to non-citizens "NULL AND VOID"!

Cut off all freebies to non-citizens and NO anchor baby.

All non-citizens who give birth on US Soil whether here on vacation, a Visa, here illegally or otherwise shall be issued a "Certificate of Child Born Abroad" and deported!

No eligibility for Taxpayer Funded Benefits!

Feds moving to strip money from U.S. sanctuary cities

From Sanctuary Cities to Sanctuary Nation