PHILADELPHIA – Today, Judge Baylson ruled that the Department of Justice cannot withhold from the City of Philadelphia its criminal justice grant under the Byrne JAG (JAG) program for 2017 on account of the City’s policies that seek to protect the confidential information of its immigrant population.   The Department of Justice, just barely a month before the application for JAG awards were due, announced three new conditions that Philadelphia would have to meet before receiving funds.  It required that the City (1) certify compliance with Section 1373 of Title 8 of the U.S. Code; (2) provide ICE with 48-hours-notice of the “scheduled release” of prisoners of interest; and (3) allow ICE unfettered access to interview inmates in Philadelphia’s prison system. Judge Baylson ruled that the last two conditions do not have a clearly discernible relationship to the JAG program.  As to the first condition—compliance with Section 1373—the Judge ruled that whether or not it can be attached to the grant, the City is in substantial compliance with what this provision demands, and so the Department cannot withhold the City’s congressionally-authorized funding on account of its desire that the City more actively enforce federal immigration law. A copy of the Judge’s order can be provided upon request.

“I am gratified that the Judge recognized what the City has maintained all along. We are in compliance with federal law, and attaching immigration-related conditions to a grant having nothing to do with immigration is harmful to Philadelphians’ safety,” said City Solicitor Sozi Pedro Tulante.

The City was represented in the lawsuit by the City’s Law Department and the law firms Hogan Lovells and Dechert. The City received $1.6 million from the JAG program last year, and has received an average award of $2.2 million over the past eleven years. This funding is spent on priorities such as police overtime and equipment enhancements, upgrades to courtroom technology, training for law enforcement, and alternative programming for low level offenders.

“Today’s ruling benefits every single Philadelphia resident,” said Mayor Kenney. “Our police officers and criminal justice partners will receive much-needed federal funding, and our City will be able to continue practices that keep our communities safe and provide victims and witnesses the security to come forward.”