(March 27, 2017) -- At today's (Mar. 27) daily White House press briefing, Press Secretary Sean Spicer introduced U.S. Attorney General Jeff Sessions who delivered a statement (full text below) regarding "sanctuary jurisdictions" in which he urged "all states and local jurisdictions to comply with all federal laws, including 8 U.S.C. Section 1373," stating that the U.S. Dept. of Justice "will require jurisdictions seeking or applying for Department grants to certify compliance with Section 1373 [salient text below] as a condition for receiving these awards."
Attorney General Sessions said the policy "is entirely consistent" with US DOJ's Office of Justice Programs guidance issued in July 2016 -- during the Obama administration under Attorney General Loretta Lynch -- requiring state and local jurisdictions to comply and certify compliance with Section 1373 in order to be eligible for OJP grants, and "also made clear that failure to remedy violations could result in withholding of grants, termination of grants, and disbarment or ineligibility for future grants." Attorney General Sessions added the U.S. Dept. of Justice will "take all lawful steps to claw-back any funds awarded to a jurisdiction that willfully violates Section 1373." [Scroll down for further] |
What's 8 U.S.C. 1373? It's a federal law (passed by Congress) that states in pertinent part: (a) In general
Below is Attorney General Sessions' March 27 statement text in full: [US DOJ AG Sessions statement text] The Department of Justice has a duty to enforce our nation's laws, including our immigration laws. Those laws require us to promptly remove aliens when they are convicted of certain crimes.
Santa Clara County, adn the City/County of San Francisco, have filed lawsuits challenging President Trump's January Executive Order regarding "sanctuary cities" that refuse to help federal authorities enforce federal immigration laws; last week, CA Attorney Gen'l Xavier Becerra filed a "friend of the court" brief, putting the state of CA on record as supporting the challenge to the Trump administration policy. One week before the Nov. 2016 election which made Donald Trump President-Elect, the LB City Council voted to authorize receipt of U.S. DOJ OJP grants (a fraction of multiple federal taxpayer grants sought and obtained by City Hall on various subjects) totalling nearly a million dollars from the U.S. Dept. of Justice on public safety/crime related issues, one of which included $134,000 for LBUSD. >On Nov. 1, 2016, the City Council approved receipt of $700,000 for a grant from the DOJ's Bureau of Justice Statistics National Crime Statistics Exchange Implmentation System to [agendizing memo text] "support the FBI's initiative to provide funding to enable agencies to transition to the FBI's National Incident-Based Reporting System (NIBRS). LBPD currently uses a reporting system that does not have the capability to report NIBRS data. LBPD plans to engage in a multiphase transition in which it will evaluate its current RMS, determine whether to purchase a new RMS or enhance its existing system, select a new RMS (if applicable), and deploy the new or modified system in order to begin submitting NIBRS data. Under this grant award, a consultant will be funded to evaluate LBPD's current system and provide recommendations based on operational and data needs." Also on November 1, 2016, the Council authorized receipt of $259,000 from the U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention for the following: [agendizing memo text] In May 2014, the City Council approved the adoption of the Safe Long Beach Violence Prevention Plan (Safe Long Beach). At the direction of President Obama, the Departments of Justice and Education launched the National Forum on Youth Violence Prevention (Forum) to begin a national conversation concerning youth and gang violence and prevention, raise awareness, and elevate the issue to national significance. In November 2014, the City Council formally accepted the first Forum grant of $20,000 and its designation to reduce violence, improve school attendance, and encourage innovation at the local level. The City Council accepted the second Forum grant of $279,000 in November 2015. To further existing Forum efforts, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) is again supporting localities presently implementing the Forum with funding to enhance efforts to adopt practices and implement models to achieve violence prevention objectives. To this end, OJJDP has awarded the City of Long Beach with one new grant: the FY 16 State and Community Development Award in the amount of $259,000. About six weeks earlier on Sept. 20, 2016, the Council authorized city management receipt and expenditure of grant funding from the federal FY 16 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation ($196,217) to be used [agendizing memo text] "to support a DNA Criminalist provided by the Los Angeles County Sheriff's Department assigned to work on Long Beach DNA cases, and to support a specially trained and selected Deputy Probation Officer assigned by the County of Los Angeles to provide enhanced probation services to the City of Long Beach."
Long Beach hasn't formally declared itself a "sanctuary city" but does follow certain "sanctuary" type policies. On Jan. 25, 2017 the Long Beach Police Department released the following statement: [LBPD statement per City of Long Beach] Enforcing immigration at the local level undermines the trust and cooperation with immigrant communities, which are essential elements of community oriented policing. Long Beach follows the California TRUST Act, and our current practice is not to hold individuals on immigration violations alone. The Long Beach Police Department supports measures to either continue incarceration or to deport violent and serious offenders who pose a threat to our community. We evaluate our policies and procedures as any new legislation is enacted, but it would be premature to speculate on any changes, at this time.
Long Beach city policies are set by a majority of the LB City Council. Under LB's City Charter, LB's Mayor can recommend and suggest (and "tweet" his opinions) but has no independent executive authority to make policy. City management departments (including LBPD through its Chief of Police) carry out Council-directed policies. On Feb. 7, 2017, seven of Long Beach's nine City Councilmembers voted to put Long Beach on record as supporting two advancing Sacramento bills (SB 31 and SB 54) that would effectively create certain statewide immigration sanctuary policies. SB 54 would forbid state and local law enforcement agencies, school police and security departments from investigating, interrogating, detaining, detecting, reporting or arresting persons for immigration enforcement purposes. SB 31 would forbid the state and localities from investigating, enforcing, or assisting in investigating or enforcing any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, or national or ethnic origin. The Council vote was 7-0. Two Councilmembers, who had been visible earlier in the Council meeting (Dee Andrews and Stacy Mungo, the latter the Council's only registered Republican) vanished on the vote with Mungo returning after the agenda item for the remainder of the Council meeting. Councilmembers have thus far declined to do what some local activists have sought: explicitly declare Long Beach a "sanctuary city" (committing to take certain actions in defiance of federal immigration authorities regardless of the outcome of the now-pending statewide legislation.) Instead, LB Councilmembers have stayed basically within policy parameters drawn by Sac'to's Dem legislative leadership, on SB 54 and SB 31. In response to Attorney General Sessions' Mar. 27 statement, state Senate President Pro Tem Sen. deLeon issued the following statement: Sen. DeLeon [Mar. 27, 2017]: The announcement today by Attorney General Jeff Sessions is nothing short of blackmail. When it comes to immigrants and sanctuary counties and cities, the Attorney and the President are stuck on alternative facts. They are wrong about immigrants and wrong about what makes our communities safer. Data shows that sanctuary counties are not only safer that comparable non-sanctuary jurisdictions but are also better off economically. Instead of making us safer, the Trump administration is spreading fear and promoting race-based scapegoating. Their gun-to-the-head method to force resistant cities and counties to participate in Trump’s inhumane and counterproductive mass-deportation is unconstitutional and will fail." California's state legislature has already enacted the TRUST Act (AB 4) which took effect on Jan. 1, 2014, which prohibits law enforcement officials from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless certain conditions are met, including among other things that the individual has been convicted of specified crimes. Developing. blog comments powered by Disqus Recommend LBREPORT.com to your Facebook friends:
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