|
Article 61 State Homeland Security Program: Compliance with Federal Immigration Law
<br />The following term applies to State Homeland Security Program funding under this
<br />award: 1. Prohibition a. The state, territorial, or local recipient is prohibited from being
<br />designated by the Department of Homeland Security or the Department of Justice as a
<br />sanctuary jurisdiction. If the Department of Homeland Security or Department of Justice
<br />designates a state or territory as a sanctuary jurisdiction after the Department of
<br />Homeland Security makes a grant award, the state or territorial recipient is prohibited
<br />from making any financial obligations under the grant award on or after the date of
<br />designation until the Department of Homeland Security removes that designation. The
<br />Department of Homeland Security will suspend that portion of the grant award supported
<br />by risk -based funding and not make payments to the state or territorial recipient on or
<br />after the date of designation until the Department of Homeland Security or Department of
<br />Justice removes that designation. This term and condition applies to the funding provided
<br />under the relative risk methodology pursuant to Section 2007 of the Homeland Security
<br />Act of 2002 (6 U.S.C. § 608) and does not apply to the minimum allocation to that state or
<br />territory required by Section 2004(e) of the Homeland Security Act of 2002 (6 U.S,C. §
<br />605(e)). b. The state, territorial, or local recipient is prohibited from making subawards to
<br />a state, territorial, or local government that the Department of Homeland Security or
<br />Department of Justice has designated as a sanctuary jurisdiction. If the Department of
<br />Homeland Security or Department of Justice designates a state, territorial, or local
<br />government as a sanctuary jurisdiction after the state, territorial, or local government
<br />recipient makes a subaward to that state, territorial, or local government, the state,
<br />territorial, or local recipient must suspend the subaward, the state, territorial, or local
<br />recipient must not make any additional payments to the state, territorial, or local
<br />government, and the state, territorial, or local government is prohibited from making any
<br />financial obligations under the subaward on and after the date of designation until the
<br />Department of Homeland Security or Department of Justice removes that designation.
<br />This term and condition applies to all funding provided to the state or territorial recipient,
<br />including both the statutory minimum as well as risk -based funding allocations. c. The
<br />Department of Homeland Security designates a state, territory, or local government as a
<br />sanctuary jurisdiction if it fails to comply with that requirements set forth in paragraphs
<br />2.a.1 to v of this term and condition. 2. Certification a, The state, territorial or local recipient
<br />and subreciplents must certify under penalty of perjury pursuant to 28 U.S.C. § 1746, and
<br />using a form that Is acceptable to the Department of Homeland Security, that they will
<br />comply with the following requirements related to coordination and cooperation with the
<br />Department of Homeland Security and immigration officials: 1. They will comply with the
<br />requirements of 8 U:S,C, §§ 1373 and 1644. These statutes prohibit restrictions on
<br />information sharing by state and local government entities with the Department of
<br />Homeland Security regarding the citizenship or Immigration status, lawful or unlawful, of
<br />any individual. Additionally, 8 U.S.C. § 1373prohibits any person or agency from
<br />prohibiting, or in any way restricting, a Federal, state, or local government entity from
<br />doing any of the following with respect to Information regarding the immigration status of
<br />any individual: (1) sending such information to, or requesting or receiving such
<br />information from, Federal immigration officials; (2) maintaining such information; or (3)
<br />exchanging such information with any other Federal, state, or local government entity. it.
<br />They will comply with other relevant laws related to immigration, including prohibitions on
<br />encouraging or inducing an alien to come to, enter, or reside In the United States in
<br />violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on transporting or moving
<br />illegal aliens, 8 U,S.C. § 1324(a)(1)(A)(11), prohibitions on harboring, concealing, or
<br />shielding from detection illegal aliens, 8 U.S.C, § 1324(a)(1)(A)(tii), and any applicable
<br />conspiracy, aiding or abetting, or attempt liability regarding these statutes. ttt. They will
<br />honor requests for cooperation, such as participating in joint operations, sharing of
<br />Information, or requests for short term detention of an alien pursuant to a valid detainer. A
<br />jurisdiction does not fail to comply with this requirement merely because it lacks the
<br />necessary resources to assist in a particular instance. iv. They will provide access to
<br />detainees, such as when an immigration officer seeks to interview a person who might be
<br />a removable alien. v. They will not leak or otherwise publicize the existence of an
<br />immigration enforcement operation. b. The state or territorial recipient must require a
<br />state, territorial, or local government subrecipient to make the certification above before
<br />providing them with any funding under the subaward. 3. Materiality and Remedies for
<br />Noncompliance This term and condition is material to the Department of Homeland
<br />Security's decision to continue with this grant award and the Department of Homeland
<br />Security may take any remedy for noncompliance, including termination, if the state or
<br />territorial recipient or a local government subreciplent fails to comply with this term and
<br />condition.
<br />DHS-FEMA-HSGP-SHSP-FY25 Page 42 of 56 Kittitas County, E26-350
<br />
|