By 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)