On February 5, 2025, the Attorney General at the Department of Justice (DOJ) issued a memo directing the department to stop federal grants administered by DOL from being accessed by to sanctuary jurisdictions that do not comply with federal immigration laws, specifically 8 U.S.C. § 1373(a). The memo is in furtherance of the January 20, 2025 Executive Order, “Protecting American People Against Invasion.” The statutory section 8 U.S.C. § 1373(a), prohibits state and local jurisdictions from prohibiting or restricting the federal government from obtaining information about the citizenship or immigration status of individuals. The memo requires a 30-day review of the grants that could be subject to this requirement, and a 60-day review of funding agreements with non-governmental organizations (NGOs) that “support illegal aliens.” During the 60-day review period, funding distribution will be paused, and receipt of future funding will be conditioned on NGOs certifying their compliance with federal laws. The memo also states DOJ will pursue legal actions against jurisdictions that “facilitate violations of federal immigration laws or impeded lawful federal immigration operations.” 

Impact: In the short term at least, this move puts funding for DOJ grants in jeopardy for many cities and states, and possibly NGOs, but new litigation is likely. Federal courts are divided on whether the federal government can withhold grants and funding in order to encourage local jurisdictions to cooperate with federal immigration enforcement. The issue was litigated in multiple venues during the first Trump administration with respect to DOJ grants but was never ultimately resolved by the Supreme Court, because the Biden administration ended the practice.