Shannon Day, Senior Grants Development Consultant (Public Safety)
A Department of Justice memo released on February 5, 2025, indicates the department’s intention of withholding federal grant funding from so-called “sanctuary jurisdictions,” furthering demands put in place by an Executive Order signed by President Trump on January 20, 2025.
There is no legal definition of a “sanctuary” jurisdiction, but unofficially, it is a state, county, city, or town with policies to protect undocumented immigrants. During the first Trump administration in 2016, the DOJ withheld Edward Byrne Memorial Justice Assistance Grant (JAG) program funding from numerous jurisdictions, including New York, Las Vegas, Chicago, and Miami. Attorneys General from 20 states filed an appeal in 2018. It is important to note that while federal funds were tied up in various lawsuits, the Supreme Court never ruled on the legality of the Department of Justice’s actions during the first Trump term because the Biden administration overturned the policy in 2021, immediately releasing federal funds. However, lower courts have repeatedly upheld the legality of most sanctuary laws. Law enforcement agencies cannot hold a person in custody for “an unreasonable amount of time” (this is undefined in the Constitution, but most states and prosecutors define “reasonable” as 72 hours) without bringing charges against them or without a signed judicial warrant transferring custody to another jurisdiction. According to Onondaga County, New York Sheriff Toby Shelley, when asked if his department would comply with administrative warrants, “If we do things that are against the law, we will be sued, and that will cost the taxpayers…So it is important to understand the law.” (Hayes, 2025)
We are already seeing litigation against the 2025 DOJ memo at the local level in a few states. We anticipate that more cities and states will join these lawsuits, similar to what we saw during the first Trump administration.
So, what does this mean for your department? It could mean that law enforcement and criminal justice agencies, tribal governments, and nonprofits may not receive the funding they rely on for the prevention, investigation, and prosecution of violent crime, drug treatment and enforcement, human trafficking, cold case investigations, victim assistance, etc. We are still in the early days of Round Two, but knowing how your department may be affected and planning is crucial. Communicate with your congressional representatives and senators, look into alternate funding sources through your city, county, or state budget, and consider state or foundation funders.
With this latest memo, local law enforcement agencies must walk a fine line between maintaining public safety and preserving community trust. Aurora, Colorado Police Chief Todd Chamberlain, “What we don’t do is enforce immigration laws, that is not our role…Our role is to make sure that people are safe and that people who have been victimized feel safe enough to come to the police,” (Sherry & Markus, 2025) but with federal funding withheld, his and other departments’ jobs of maintaining public safety and trust will be much more difficult.
Hayes A. (2025, February 3). Onondaga County Sheriff will only detain immigrants on a judge’s order: “We follow the law.” Syracuse.com. https://www.syracuse.com/crime/2025/02/onondaga-county-sheriff-will-only-detain-immigrants-on-a-judges-order-we-follow-the-law.html
Sherry, A., & Markus, B. (2025, March 3). What’s at risk if Colorado loses millions in DOJ funding due to “sanctuary” status? A lot. Colorado Public Radio. https://www.cpr.org/2025/03/03/doj-funding-loss-colorado-sanctuary-status/