The new order says the funding shall be paused until a review is completed.
U.S. Attorney General Pam Bondi on Feb. 5 ordered the Department of Justice (DOJ) to pause all funds to so-called sanctuary cities, or jurisdictions that work to protect illegal immigrants from arrest.
“The Department of Justice will ensure that, consistent with law, ’sanctuary jurisdictions’ do not receive access to Federal funds from the Department,” Bondi wrote in a memorandum to all DOJ employees. “Consistent with applicable statutes, regulations, court orders, and terms, the Department of Justice shall pause the distribution of all funds until a review has been completed, terminate any agreements that are in violation of law or are the source of waste, fraud, or abuse, and initiate clawback or recoupment procedures, where appropriate.”
It’s not clear how long the review will take.
During his first term, President Donald Trump blocked funding to sanctuary cities through an executive order. The courts concluded that the order was not constitutional due to the separation of powers.
The U.S. Supreme Court declined to take up appeals in the cases.
Federal law, U.S. Code 1373, says that government entities and officials may not prohibit or restrict agencies or officials from sending or receiving an individual’s citizenship or immigration status. Some jurisdictions, though, have refused in recent years to provide information to or otherwise cooperate with federal immigration officers.
DOJ grants should not go to jurisdictions that “unlawfully interfere with federal law enforcement operations,” Bondi said in the memo. She said the DOJ would, moving forward, require any jurisdiction that applies for certain grants to comply with 1373.
Bondi also ordered the DOJ to investigate incidents involving obstruction of federal immigration operations and to bring charges if there were violations of the law.
Laura Powell, a civil liberties attorney based in California, wrote on the social media platform X that she has not found any precedent for such prosecutions and is not sure whether they would be upheld in court.
Bondi directed officials to identify grants that go to organizations that provide services to illegal immigrants and to pause the distribution of funds under the grants for 60 days while officials reviewed whether prior funds were provided in accordance with the law and promoted violations of immigration laws.
