Sun Sentinel Palm Beach Edition

Administra­tion getting tough with sanctuarie­s

Local government­s that ‘undermine’ laws to lose funds

- By Joseph Tanfani Washington Bureau joseph.tanfani@latimes.com Associated Press contribute­d.

Local government­s could lose grants if they do not cooperate with immigratio­n authoritie­s.

WASHINGTON — The Trump administra­tion on Tuesday strengthen­ed its crackdown on so-called sanctuary cities, announcing a policy that says local government­s will lose some federal grants if they do not give advance notice when illegal immigrants are about to be released from custody and allow immigratio­n agents access to local jails.

The new policy, announced by the Justice Department, will apply to cities that get grants from the Byrne Justice Assistance grant program, for which the administra­tion has requested just over $380 million for the coming year.

The grants provide local jurisdicti­ons with money to buy such items as bulletproo­f vests and body cameras. It also funds drug treatment, witness protection and prison re-entry programs. The requiremen­ts will apply to cities seeking grants starting in September.

A judge in April blocked President Donald Trump’s executive order aimed at withholdin­g funding from sanctuary cities, saying the president could not set new conditions on spending approved by Congress. But the Justice Department said it still could condition some of its grants to force cities to cooperate with immigratio­n authoritie­s.

Although the move carries considerab­le symbolism because of the highprofil­e debate over sanctuarie­s, the money involved is roughly half a percent of federal grants to state and local government­s, according to figures from the nonpartisa­n Congressio­nal Budget Office.

“So-called ‘sanctuary’ policies make all of us less safe because they intentiona­lly undermine our laws and protect illegal aliens who have committed crimes,” Attorney General Jeff Sessions said in announcing the new policy. “These policies also encourage illegal immigratio­n and even human traffickin­g by perpetuati­ng the lie that, in certain cities, illegal aliens can live outside the law.”

“These long overdue requiremen­ts will help us take down MS-13 and other violent transnatio­nal gangs and make our country safer,” he added.

Sessions has been pressuring sanctuary cities for several months, but this is the first time that the Justice Department has set specific rules and applied them to an entire grant program.

Under the policy, cities will have to meet three conditions if they want the grants: allowing Homeland Security agents access to local and state jails, in order to question people without legal permission to be in the U.S.; giving 48-hour notice when such prisoners are about to be released; and complying with a law that prohibits any jurisdicti­ons from stopping the exchange of informatio­n about an individual’s immigratio­n status.

The policy, announced as Sessions comes under extraordin­ary criticism from President Trump, seems guaranteed to garner strong opposition from cities and the courts. In some states, courts have held that state and local authoritie­s cannot detain people who are not charged with a crime simply because of a request from federal immigratio­n agents.

Some cities have gone beyond refusal to cooperate with “detainers” to refuse all cooperatio­n with immigratio­n enforcemen­t, on grounds that otherwise law-abiding people who are in the country illegally can be deported if they are snared on minor crimes.

Sessions, a fierce advocate for tougher immigratio­n enforcemen­t throughout his career as a U.S. senator from Alabama, has made the issue a priority during his tenure as attorney general. On Friday, he made a speech in Philadelph­ia, blaming the city’s sanctuary policies for contributi­ng to violent crime.

Trump is also expected to highlight similar issues on a trip this week to New York’s Long Island, which is slated to highlight some recent high-profile crimes blamed on the Salvadoran-based MS-13 gang.

Jorge Baron, executive director of the Seattlebas­ed Northwest Immigrant Rights Project, said he expected states or local jurisdicti­ons to challenge the restrictio­ns under the 10th Amendment to the Constituti­on, which reserves powers to the states that are not specifical­ly delegated to the federal government.

“I have serious doubts about the legality of what they’re trying to do,” Baron said. “It’s the feds trying to compel local jurisdicti­ons to do something on their behalf.”

But beyond that, he argued, it’s simply a bad idea to have local authoritie­s enforcing immigratio­n law: “Imagine your house is getting broken into and an undocument­ed person walks by and sees it. That undocument­ed person isn’t going to call 911 if they’ve heard the local police or the sheriff is involved in immigratio­n enforcemen­t.”

 ?? ANTONIO PEREZ/CHICAGO TRIBUNE ?? “Sanctuary” cities would lose some federal grants if they do not give notice when illegal immigrants are about to be released and allow immigratio­n agents access to jails.
ANTONIO PEREZ/CHICAGO TRIBUNE “Sanctuary” cities would lose some federal grants if they do not give notice when illegal immigrants are about to be released and allow immigratio­n agents access to jails.

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