U.S. Justice Department Threatens to Subpoena So-Called Sanctuary Cities, Many in California

Officials at the state, county and city level in California -- along with others around the country -- received letters from the U.S. Department of Justice Wednesday requesting documentation of policies about local law enforcement communication with federal immigration enforcement agencies.

The letters request "any orders, directives, instructions, or guidance to your law enforcement employees ... 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.” The federal government is not seeking information on the immigration status of individuals.

The Justice Department wrote to cities and counties -- and state-level offices in California, Illinois and Oregon -- that have general policies limiting law enforcement cooperation with federal immigration enforcement: so-called sanctuary jurisdictions. Officials in California received nine of the 23 letters, the largest proportion, followed by Illinois, which received three.

The correspondence seeks documents from public offices that applied for federal Edward Byrne Memorial Justice Assistance Grant funding in 2017. The Justice Department maintains that compliance with federal immigration law is a requirement for receiving the grants, which typically fund improvements for local criminal justice systems.

"Should the department determine your jurisdiction is out of compliance with [8 U.S.C. § 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," the letters say.

Public entities that applied for the grants could also face legal action if they refuse to provide the requested documents, the letters say.

"[R]ecipient jurisdictions that fail to respond, fail to respond completely, or fail to respond in a timely manner will be subject to a Department of Justice subpoena," according to a U.S. Department of Justice press release.

“I continue to urge all jurisdictions under review to reconsider policies that place the safety of their communities and their residents at risk,” U.S. Attorney General Jeff Sessions said in a written statement. “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 Board of State and Community Corrections received a letter -- the only California statewide agency on the list. The BSCC was awarded the most state-level Byrne JAG funding in 2016 -- $18,244,126, according to U.S. Bureau of Justice Assistance data, which oversees the grant program.

"The Board of State and Community Corrections will be responding to the letter, but California is in full compliance with the law that was cited," a spokeswoman for the California Department of Justice said. "The [California] Attorney General fully expects to prevail in our pending litigation over the federal government’s overbroad interpretation of the law."

San Francisco, whose recently appointed Mayor Mark Farrell also received a letter, was awarded $522,943 in 2016.

"San Francisco prioritizes using our limited law enforcement resources to actually fight crime, not break up hardworking families," City Attorney Dennis Herrera said in a written statement. "We leave it to the federal government to enforce immigration law, and we are going to continue to apply for federal grants that we are eligible for."

San Francisco officials maintains that they are in compliance with federal law.

"San Francisco is proud to be a sanctuary city," Herrera said. "We’re also in full compliance with federal immigration law. What the law requires is narrow, and San Francisco follows the law. It’s that simple."

He said the city plans to provide the requested policies to the Bureau of Justice Assistance "in a timely fashion," without a subpoena.

The Associated Press reports that mayors from across the U.S. boycotted a White House meeting on infrastructure Wednesday in response to the letters. President Trump said the mayors who left the meeting are placing the needs of immigrants in the country without authorization above U.S. citizens.

"The Trump administration's decision to threaten mayors and demonize immigrants yet again -- and use cities as political props in the process -- has made this meeting untenable," New Orleans Mayor Mitch Landrieu said in a written statement.

Read the letter to San Francisco Mayor Mark Farrell below. See all 23 letters here.