2018 JAG CERTIFICATIONS OF COMPLIANCE 12142018 CLO.PDF

U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
State or Local Government: FY 2018 Certification Relating to
8 U.S.C. §§ 1226(a) & (c), 1231(a), 1324(a), 1357(a), & 1366(1) & (3)
On behalf of the applicant government entity named below, and in support of its application, I certify to the Office of Justice Programs ("OJP"),
U.S. Department of Justice ("USDOJ"), that all of the following are true and correct:
1. I am the chief legal officer of the unit of local government of which the applicant entity named below is a part ("the jurisdiction"), and I
have the authority to make this certification on behalf of the jurisdiction and the applicant entity (that is, the entity applying directly to OJP).
I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entity.
2. I have carefully reviewed each of the following sections of title 8, United States Code:
a. § 1226(a) & (c) (authorizing arrest and detention of certain aliens and providing that the federal government "shall take into custody"
certain criminal aliens "when the alien is released");
b. § 1231(a) (providing that a 90-day "removal period" during which the federal government "shall" detain and then 'shall" remove an
alien incarcerated by a State or local government, or by the federal government, from the United States generally "begins" no later
than "the date the alien is released from detention or confinement"; and providing that the federal government may not "remove an
alien [including "an alien in the custody of a State (or a political subdivision of a State)"] who is sentenced to imprisonment until the
alien is released from imprisonment");
c. § 1324(a) (forbidding the concealing, harboring, or shielding from detection of aliens illegally in the United States);
d. § 1357(a) (authorizing immigration officers, "anywhere in or outside the United States" (see 8 C.F.R. § 287.5(a)), to "interrogate any
alien or person believed to be an alien as to his right to be or to remain in the United States"); and
e. § 1366(1) & (3) (requiring the Attorney General annually to submit to Congress 'a report detailing ... (1) the number of illegal aliens
incarcerated in Federal and State prisons for having committed felonies, stating the number incarcerated for each type of offense;
[and] (3) programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of
criminal aliens subject to removal").
3. I (and also the applicant entity) understand that USDOJ will – by award condition – require States and local governments (including
State and local government entities, -agencies, and -officials), with respect to any 'program or activity" funded in whole or in part with the
federal financial assistance provided through the FY 2018 OJP program under which this certification is being submitted (the "FY 2018
OJP Program' identified below), specifically including any such "program or activity" of a governmental entity or -agency that is a
subrecipient (at any tier) of funds under the FY 2018 OJP Program, not to publicly disclose federal law enforcement information in an
attempt to conceal, harbor, or shield certain individuals from detection, whether or not in violation of 8 U.S.C. § 1324(a) or other laws, and
not to impede the exercise by federal officers of authority under 8 U.S.C. § 1357(a) or relating to 8 U.S.C. § 1366(1) or (3) or 8 U.S.C. §
1226(a) or (c).
4. I (and also the applicant entity) understand that, for purposes of this certification, "program or activity" means what it means under title
VI of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d-4a), and that terms used in this certification that are defined in 8 U.S.C. § 1101
mean what they mean under that section 1101, except that the term 'State" also shall include American Samoa (cf. 34 U.S.C.
§ 10251(a)(2)). Also, I understand that, for purposes of this certification, neither a "public" institution of higher education (i.e., one that is
owned, controlled, or directly funded by a State or local government) nor an Indian tribe is considered a State or local government entity or
-agency.
5. I have conducted (or caused to be conducted for me) a diligent inquiry and review concerning the following (which, for the specific
purpose of paragraph 5, shall not be understood to include any "program or activity' of any subrecipient at any tier):
a. the "program or activity" to be funded (in whole or in part) with the federal financial assistance sought by the applicant entity under
this FY 2018 OJP Program; and
b. any laws, rules, policies, or practices potentially applicable to the "program or activity" sought to be funded under the FY 2018 OJP
Program that implicate any of the requirements relating to 8 U.S.C. §§ 1226(a) or (c), 1231(a), 1357(a), or 1366(1) or (3) that are
described in paragraph 3 of this certification, whether imposed by a State or local government entity, -agency, or-official.
6. As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the jurisdiction has in effect, purports to
have in effect, or is subject to or bound by, any law, rule, policy, or practice that would apply to the "program or activity" to be funded in
whole or in part under the FY 2018 OJP Program (which, for the specific purpose of this paragraph 6, shall not be understood to include
any such "program or activity' of any subrecipient at any tier), and that would or does— (a) impede the exercise by federal officers of
authority under 8 U.S.C. § 1357(a); or (b) impede the exercise by federal officers of authority relating to 8 U.S.C. § 1226(a) or (c), 8 U.S.C.
§ 1231(a), or 8 U.S.C. § 1366(1) or (3).
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Signature of Chie ega fficer of the Jurisdiction Printed Name of Chief Legal Officer
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Date of Certification Title of Chief Legal Officer of the Jurisdiction
1/G(7/a Lovki e c
Name of Applicet Government /Entity (i.e., the ap5licant to the FY 2018 OJP Program identified below)
FY 2018 OiP Program: Byrne Justice Assistance Grant (JAG) Program: Local
Rev. October 25, 2018

U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
State or Local Government: FY 2018 Certification of Compliance With 8 U.S.C. §§ 1373 & 1644
On behalf of the applicant government entity named below, and in support of its application, I certify to the Office of Justice
Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct:
(1) I am the chief legal officer of the State or local government of which the applicant entity named below is a part ("the
jurisdiction"), and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity (that
is, the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material
representation in any decision to make an award to the applicant entity.
(2) I have carefully reviewed 8 U.S.C. §§ 1373(a) & (b), and 1644, including the prohibitions on certain actions by State
and local government entities, -agencies, and -officials regarding information regarding citizenship and immigration
status. I also have reviewed the provisions set out at (or referenced in) 8 U.S.C. § 1551 note (Abolition .., and
Transfer of Functions"), pursuant to which references to the Immigration and Naturalization Service' in 8 U.S.C. §§
1373 & 1644 are to be read, as a legal matter, as references to particular components of the U.S. Department of
Homeland Security.
(3) I (and also the applicant entity) understand that the U.S. Department of Justice will require States and local
governments (and agencies or other entities thereof) to comply with 8 U.S.C. §§ 1373 & 1644, with respect to any
"program or activity" funded in whole or in part with the federal financial assistance provided through the FY 2018 OJP
program under which this certification is being submitted (the "FY 2018 OJP Program" identified below), specifically
including any such "program or activity" of a governmental entity or -agency that is a subrecipient (at any tier) of funds
under the FY 2018 OJP Program.
(4) I (and also the applicant entity) understand that, for purposes of this certification, "program or activity" means what it
means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d-4a), and that terms used in this certification
that are defined in 8 U.S.C. § 1101 mean what they mean under that section 1101, except that the term "State" also
shall include American Samoa (cf. 34 U.S.C. § 10251(a)(2)). Also, I understand that, for purposes of this certification,
neither a "public" institution of higher education (i.e., one that is owned, controlled, or directly funded by a State or local
government) nor an Indian tribe is considered a State or local government entity or -agency.
(5) I have conducted (or caused to be conducted for me) a diligent inquiry and review concerning the following (which, for
the specific purpose of paragraph 5, shall not be understood to include any "program or activity" of any subrecipient at any tier):
(a) the "program or activity' to be funded (in whole or in part) with the federal financial assistance sought
by the applicant entity under this FY 2018 OJP Program; and
(b) any prohibitions or restrictions potentially applicable to the "program or activity" sought to be funded
under the FY 2018 OJP Program that deal with sending to, requesting or receiving from,
maintaining, or exchanging information of the types described in 8 U.S.C. §§ 1373(a) & (b), and
1644, whether imposed by a State or local government entity, -agency, or-official.
(6) As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the
jurisdiction has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any
restriction that would apply to the "program or activity" to be funded in whole or in part under the FY 2018 OJP
Program (which, for the specific purpose of this paragraph 6, shall not be understood to include any such
"program or activity" of any subrecipient at any tier), and that deals with either— (1) a government entity or
-official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. §§ 1373(a)
& 1644; or (2) a government entity or -agency sending to, requesting or receiving from, maintaining, or exchanging
information of the types (and with respect to the entities) described in 8 U.S.C. § 1373(b).
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ief egal Officer ofthe Jurisdiction Printed Name of phief Legial Officer
67f/pro4-1-t -ey
Date of Certification Title thie Jurisdiction
f;r0i) (-1 44-1 e
Name of Applicant ciovernment ntit (i.e., the ap licant to the FY 2018 OJP Program identified below)
FY 2018 0.113 Program: Byrne Justice Assistance Grant (JAG) Program: Local
Rev. August 28, 2018