grant conditions

The Second Circuit has become the first federal court of appeals to rule in favor of the Attorney General’s decision to add conditions to receiving federal Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG) grants.

Congress created Byrne JAG in 2006 to provide “flexible” funds for state and...

In July the Department of Justice (DOJ) added two new requirements for states and local governments to receive federal Edward Byrne Justice Assistance Grants (Byrne JAG) for law enforcement funding. Chicago sued Attorney General Jeff Sessions arguing that these new requirements and another requirement are unlawful and/or unconstitutional. An Illinois federal district court granted Chicago’s request for a nationwide preliminary injunction temporarily disallowing DOJ from imposing the two new requirements.     

Congress created Byrne JAG in 2005 to provide “flexible” funding for state and local police departments. In April 2017 DOJ required Chicago (and eight other jurisdictions) to provide documentation that it complies with 8 U.S.C. 1373, which prohibits states and local governments from restricting employees from sharing immigration status information with federal immigration officials.