u.s. Department of Justice Office of Justice Programs Washing/on. D.C 20531 November 15,2017 Greg Fischer Mayor of the City of Louisville 527 West Jefferson Street Louisville, KY 40202 Dear Mayor Fischer, Your FY 2016 Byrne JAG grant award required you to comply with 8 U.S.C. § 1373. Section 1373 compliance is an ongoing requirement that the Department of Justice monitors. The Department is concerned that the following Louisville laws, policies, or practices may violate section 1373: • An Ordinance Creating a New Section of Chapter 39 of the Louisville/Jefferson County Metro Government Code of Ordinances Relating to Employee Authority in Immigration Matters, October 26,2017. Section I(C)(2)(a) states that "no Metro officer or employee should inquire into the immigration status of any person or request any ... information verifying the immigration status of any individual." The Department is concerned that this appears to restrict the requesting of information regarding immigration status, in violation of section 1373(b). • An Ordinance Creating aNew Section of Chapter 39 of the Louisville/J efferson County Metro Government Code of Ordinances Relating to Employee Authority in Immigration Matters, October 26, 2017. Section J(C)(2)(b) states that the "confidentiality of [immigration information] shall be maintained to the fullest extent permitted" by state and federal law. The Department is concerned that this appears to restrict the sending of information regarding immigration status, in violation of section 1373(a). • An Ordinance Creating a New Section of Chapter 39 of the Louisville/Jefferson County Metro Government Code of Ordinances Relating to Employee Authority in Immigration Matters, October 26,2017. Section I(C)(2)(c) states that "Metro employees and representatives shall not use Metro Government resources or personnel solely for the purpose 1 of detecting ... persons whose only violation of law is or may be being undocumented." The Department is concerned that this appears to restrict the sending or requesting of information regarding immigration status, in violation of section 1373(a) and (b). By December 8, 2017, please submit a response to this letter that addresses whether Louisville has laws, policies, or practices that violate section 1373, including those discussed above. In addition to your compliance in FY 2016, please address whether you would comply with section 1373 throughout the award period, should you receive an FY 2017 Byrne JAG grant award. To the extent Louisville laws or policies contain so called "savings clauses," please explain in your submission the way these savings clauses are interpreted and applied, and whether these interpretations are communicated to Louisville officers or employees. The Department has not made a tinal determination regarding Louisville's compliance with section 1373. This letter does not constitute final agency action and nothing in this letter creates any right or benefit enforceable at law against the United States. Sincerely, LIf?·~Alan Hanson Acting Assistant Attorney General 2