DOJ Puts Pressure on Sanctuary Cities

On Wednesday 23 jurisdictions, including Oregon State, received letters from the U.S. Department of Justice asking for documents to prove that they are cooperating with immigration authorities and threatening to pull public safety grants.

The letters are part of Attorney General Jeff Sessions’ promised crackdown on sanctuary cities and states.

“I continue to urge all jurisdictions under review to reconsider policies that place the safety of their communities and their residents at risk,” said Attorney General Jeff Sessions in a press release from the DOJ (Department of Justice). “Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law. We have seen too many examples of the threat to public safety represented by jurisdictions that actively thwart the federal government’s immigration enforcement—enough is enough.”

The letter sent to Michael Schmidt, the Executive Director of the Oregon Criminal Justice Commission,  warned that the DOJ could use subpoena power to force them to provide documents showing they aren’t withholding information about the immigration status of people in custody.

Similar letters were sent to cities like Chicago, New York, Denver and Los Angeles, and the states of Illinois and California. DOJ officials said the 23 jurisdictions have been previously warned they need to provide information about their policies to be receive grants.

According to the DOJ website, jurisdictions who refuse to turnover documents, or whose policies are deemed counter to federal immigration laws, may be forced to return federal grant dollars from a 2016 Byrne Justice Assistance Grant and may be deemed ineligible for a 2017 Byrne Grant.

The Byrne Justice Assistance Grant is a memorial grant and is the leading source of federal justice funding for state and local jurisdictions. The grant provides states, tribes and local governments across the U.S. with funding for target community specific law enforcement needs.

Oregon was allocated $3,099,650 through the grant for 2016.

Sanctuary cities, counties, and states are jurisdictions with laws, ordinances, regulations, resolutions or policies that prohibited local law enforcement agencies from complying with ICE detainers and denying ICE access to interview incarcerated undocumented immigrants.

In Oregon this means an undocumented immigrant that has committed a crime in a sanctuary jurisdiction would be penalized for that crime but would not be detained due to their undocumented status. It also means local and state law enforcement will not assist immigration officials in locating or apprehending people due to their undocumented status.

Relying on local law enforcement to detain undocumented immigrants is the primary tool used by ICE to gain custody for deportations.

In response to the letter, Oregon Governor Kate Brown said in tweet, “Oregon will not be bullied by a Trump Administration that’s focused on diving our country. Oregon’s laws are in place to uphold the civil rights of all Oregonians. The federal government cannot, under the US Constitution, force state law enforcement officers to implement its policies.”

Here’s is the full letter written to Oregon from the DOJ:

Dear Director Schmidt:

Thank you for your response to our November 15, 2017, letter regarding your jurisdiction’s compliance with 8 U.S.C. § 1373, a federal law with which your jurisdiction must comply as an eligibility requirement for receiving Byrne Justice Assistance Grant (Byrne JAG) funding from the Department of Justice (Department or DOJ). After reviewing your response, the Department remains concerned that your jurisdiction’s laws, policies, or practices may violate section 1373, or, at a minimum, that they may be interpreted or applied in a manner inconsistent with section 1373.

In light of these concerns, the Department is requesting certain documents as described below. This request is made consistent with 2 CFR § 200.336, as adopted by Department regulation 2 CFR § 2800.101. In your FY 2016 Byrne JAG award, you agreed to the following (listed as special condition #23):

[The recipient agrees to] cooperate with [the Bureau of Justice Assistance (“BJA”)] and [Office of the Chief Financial Officer (“OCFO”)] on all grant monitoring requests…. The recipient [also] agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA’s/OCFO’s grant monitoring activities may result in sanctions affecting the recipient’s DOJ awards, including but not limited to withholdings and/or other restrictions on the recipient’s access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

Please respond to the below request by providing to Chris Casto, BJA, at Chris.Casto@usdoj.gov by no later than February 23, 2018, all responsive documents, consistent with the instructions in Attachment A.

Documents Requested: All documents reflecting any orders, directives, instructions, or guidance to your law enforcement employees (including, but not limited to, police officers, correctional officers, and contract employees), whether formal or informal, that were distributed, produced, and/or in effect during the relevant timeframe, regarding whether and how these employees may, or may not, communicate with the Department of Justice, the Department of Homeland Security, and/or Immigration and Customs Enforcement, or their agents, whether directly or indirectly.

BJA will review your submissions and seek additional information, if necessary. The Department fully anticipates your complete cooperation in this matter. Should you fail to respond in a complete and timely manner, the Department will subpoena these documents in accordance with 34 U.S.C. §§ 10225, 10221, 10230, 10151 – 10158, 10102(a)(6), 10110, and 10110 note.

These materials are critical to our ongoing review. Should the Department determine your jurisdiction is out of compliance with section 1373, the Department may, as detailed in your award documents, seek return of your FY 2016 grant funds, require additional conditions for receipt of any FY 2017 Byrne JAG funding for which you have applied, and/or deem you ineligible for FY 2017 Byrne JAG funds.

Thank you for your prompt attention to this request. We look forward to working through this matter with you. Any specific questions concerning this request can be sent to directly to Tracey Trautman, BJA Deputy Director, at Tracey.Trautman@usdoj.gov or call (202) 305-1491.”

ICE Report Calls Out Sanctuary Cities

The federal government has issued a warning to so-called sanctuary jurisdictions across the country to start cooperating with Immigration and Customs Enforcement (ICE) agents, or risk losing federal funds. For the first time since President Trump signed an executive order to identify any jurisdiction that ignores federal detainer requests, the ICE agency has released a list of more than 200 detainers that have been ignored, including requests in four different Oregon counties.

Central Oregon Daily’s Anyssa Bohanan looks at how all of the increased scrutiny could impact Central Oregon and other sanctuary areas across the state, where ICE agents are already making arrests.