Case: 1:17-cv-05720 Document 1-3 Filed: 08/07/17 Page 1 of 2 PageID #:56

Exhibit 

Case: 1:17-cv-05720 Document #: 1-3 Filed: 08/07/17 Page 2 of 2 PageID #:57
BACKGROUNDER ON GRANT REQUIREMENTS

The following is on background, attributable to a DOJ official:
  Today, consistent with the goal of increasing information sharing between federal, state, and local law
enforcement, Edward Byrne Memorial Justice Assistance Grant Program (“Byrne JAG”) recipients for FY
2017 have been notified that they will be required to do the following:
o  certify compliance with section 1373, a federal statute applicable to state and local governments
that generally bars restrictions on communications between state and local agencies and officials
at the Department of Homeland Security;
o  permit personnel of the U.S. Department of Homeland Security (“DHS”) to access any detention
facility in order to meet with an alien and inquire as to his or her right to be or remain in the
United States; and
o  provide at least 48 hours advance notice to DHS regarding the scheduled release date and time of
an alien in the jurisdiction’s custody when DHS requests such notice in order to take custody of
the alien.
For background on the Byrne JAG program, please click here.
For more information on Byrne JAG allocation for past fiscal years, please click here.
For more information on Byrne JAG as it pertains to FY2017, please click here.
  Improving the flow of information between federal and state law enforcement authorities is paramount to
ensuring that federal immigration authorities have the information they need to enforce the law and keep our
communities safe.
  8 U.S.C. § 1373 is a federal statute applicable to state and local governments that generally bars restrictions
on communication between state and local agencies and officials at the Department of Homeland Security
(and certain other entities) with respect to information regarding the citizenship or immigration status of any
individual.
  In March 2016, the Department’s Office of Justice Programs (“OJP”) notified recipients of Byrne JAG
grants of the requirement to comply with 8 U.S.C. § 1373. The Department has also announced that it will
take all lawful steps to claw back any funds awarded to a jurisdiction that violates its grant agreement,
including the condition to comply with section 1373.
  These common-sense measures will improve the flow of information between federal, state, and local law
enforcement, and help keep our communities safe. Every year, the Department of Justice awards billions of
dollars in grants to state and local jurisdictions across the United States. Unfortunately, some of these
jurisdictions have adopted policies and regulations that frustrate the enforcement of federal immigration
law, including by refusing to cooperate with federal immigration authorities in information sharing about
illegal aliens who commit crimes.
  These measures will also prevent the counterproductive use of federal funds for policies that frustrate
federal immigration enforcement. By refusing to communicate with the federal officials, these jurisdictions
jeopardize the safety of their residents and undermine the Department’s ability to protect the public and
reduce crime and violence.