|
Articie 65 Urban area Security Initiative: Compliance with Federal Immlgratlon Law The
<br />following term applies to Urban Area Security Initiative funding under this award:1.
<br />Prohibition a. The state, territorial, or local government recipient is prohibited from being
<br />designated by the Department of Homeland Security or Department of Justice as a
<br />sanctuary jurisdiction. If the department of Homeland Security or Department of Justice
<br />designates the state, territory, or local government as a sanctuary jurisdiction after the
<br />Department of Homeland Security has made the grant award, the state, territorial, or local
<br />government recipient is prohibited from making any financial obligations under the grant
<br />award on or after the date of designation until the Department of Homeland Security or
<br />Department of Justice removes that designation. The Department of Homeland Security
<br />will suspend the grant award and not make payments to the state, local, or territorial
<br />recipient on or after the date of designation until the Department of Homeland Security or
<br />Department of Justice removes that designation. b, The state, local, or territorial recipient
<br />Is prohibited from making subawards to a state, local, or territorial government that the
<br />Department of Homeland Security or Department of Justice has designated as sanctuary
<br />jurisdiction. If the Department of Homeland Security or Department of Justice designates
<br />a state, local, or territorial government as a sanctuary jurisdiction after the recipient
<br />makes a subaward, the recipient must suspend the subaward, the recipient must not
<br />make any additional payments to the subrecipient, and the.subrecipient is prohibited from
<br />making any financial obligations under the subaward on and after the date of designation
<br />until the Department of Homeland Security or Department of Justice removes that
<br />designation. c, The Department of Homeland Security designates a state, territory, or
<br />local government as a sanctuary jurisdiction if it fails to comply with that requirements set
<br />forth in paragraphs 2.a.1 to v of this tern and condition. 2. Certification a. The state,
<br />territorial or local recipient and subrecipients must certify under penalty of perjury
<br />pursuant to 28 U.S.C. § 1746, and using a form that is acceptable to the Department of
<br />Homeland Security, that they will comply with the following requirements related to
<br />coordination and cooperation with the Department of Homeland Security and immigration
<br />officials:1. They will comply with the requirements of 8 U,S.C. §§ 1373 and 1644, These
<br />statutes prohibit restrictions on information sharing by state and local government entities
<br />with the department of Homeland Security regarding the citizenship or immigration
<br />status, lawful or unlawful, of any individual. Additionally, 8 U.S.C, § 1373 prohibits any
<br />person or agency from prohibiting, or in any way restricting, a. Federal, state, or local
<br />government entity from doing any of the following with respect to information regarding
<br />the immigration status of any Individual: (1) sending such information to, or requesting or
<br />receiving such information from, Federal immigration officials; (2) maintaining such
<br />Information; or (3) exchanging such information with any other Federal, state, or local
<br />government entity. ii. They will comply with other relevant laws related to immigration,
<br />Including prohibitions on encouraging or inducing an alien to come to, enter, or reside in
<br />the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(Iv), prohibitions on
<br />transporting or moving illegal aliens, 8 U,S.C. § 1324(a)(1)(A)(11), prohibitions on
<br />harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)
<br />(ill), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these
<br />statutes, M. They will honor requests for cooperation, such as participating in joint
<br />operations, sharing of information, or requests for short term detention of an alien
<br />pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement
<br />merely because it lacks the necessary resources to assist in a particular instance. iv,
<br />They will provide access to detainees, such as when an immigration officer seeks to
<br />Interview a person who might be a removable alien. v. They will not leak or otherwise
<br />publicize the existence of an immigration enforcement operation, b. The state or territorial
<br />recipient must require a state, territorial, or local government subreelplent to make the
<br />certification above before providing them with any funding under the subaward.
<br />DHS-FEMA-HSGP-SHSP-FY25 Page 44 of 56 Kittitas County, E26-350
<br />
|