This page contains guidance and information related to the FY 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Formula Solicitation.
Addressing Violent Crime – Recognizing that violent crime and the drivers of that crime, including felonious possession and use of a firearm and/or gang violence, illegal drug sales and distribution, human trafficking, and other related crimes, vary from community to community, BJA encourages local jurisdictions to invest JAG funds to tailor programs and responses to state and local crime issues through the use of data and analytics. BJA also encourages local jurisdictions to coordinate with their United States Attorneys and Project Safe Neighborhoods grantees in order to leverage funding for violence reduction projects, and to coordinate their law enforcement activities with those of federal law enforcement agencies such as the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration, the United States Marshals Service, and the Department of Homeland Security.
Enforcing Firearms Laws – – BJA encourages local jurisdictions to reduce crime involving the illegal use of firearms through the strengthening and enforcement of state and local firearms possession laws. BJA also encourages the formation of partnerships with federal, state, and local law enforcement and prosecutors to target offenders who use guns in the commission of a crime and who purchase or sell guns illegally. This includes ensuring that persons prohibited from purchasing firearms (see, e.g., 18 U.S.C. § 922(g)) are deterred from doing so by enhancing complete, accurate, and timely access to the FBI’s National Instant Criminal Background Check System (NICS). Additionally, local jurisdictions are encouraged to submit all necessary records to the FBI databases in a timely fashion, thereby helping to prevent illegal transfers of firearms to those who are prohibited from owning firearms under current law. Including these missing records will help ensure more accurate and complete background checks. Local and tribal grantees are also encouraged to participate with their U.S. Attorney’s offices in Project Guardian, which seeks to reduce gun violence and enforce federal firearms laws across the country. Project Guardian draws on the Department of Justice’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
Officer Safety and Wellness – The law enforcement safety and wellness issue is an important priority for BJA and DOJ. According to the 2019 Mid-Year Preliminary Law Enforcement Officers Fatality Report, released by the National Law Enforcement Officers Memorial Fund, as of the end of June 2019, 66 law enforcement officers had died in the line of duty. While this is a 35 percent decrease compared to the same time period in 2018, officers continue to be injured and killed at an alarming rate. Firearms-related deaths continued to be the leading cause of law enforcement deaths (27), followed by traffic-related incidents (21). Among the firearms-related deaths, four were while responding to a robbery call, four were ambushed, and three were responding to domestic disturbance calls. Of the traffic-related deaths, 11 were struck while outside of their vehicles; five were crashes involving another vehicle or fixed object; and four were the result of single-vehicle crashes. Based on the current FBI’s Law Enforcement Officers Killed and Assaulted (LEOKA) data, there were 48 officers feloniously killed in the line of duty during 2019, which is a decrease from the 56 feloniously killed in 2018.
BJA encourages local jurisdictions to use JAG funds to focus on tactical officer safety concerns and on the health and wellness of law enforcement officers by providing trainings, paying for tuition and travel expenses related to attending trainings such as those available through the BJA VALOR Initiative and the National Officer Safety Initiatives Program, and funding health and wellness programs for law enforcement officers. JAG funding may also be used to attend officer safety and wellness conferences that enhance law enforcement education and awareness with the goal of preventing officer injury and/or death.
Safe Policing for Safe Communities - BJA encourages state and local jurisdictions to support projects which incorporate elements of the President’s Executive Order on Safe Policing for Safe Communities (EOSPSC). The EOSPSC seeks to enhance law enforcement practices and build community engagement through: the improvement of officer credentialing; increasing the usage of community-support modeling; the expansion of training and technical assistance required to adopt and implement improved use–of-force policies and procedures (including scenario-driven de-escalation techniques); the retention of high-performing law enforcement officers and recruitment of law enforcement officers who are likely to be high-performing; the provision of confidential access to mental health services for law enforcement officers; and the utilization of programs aimed at developing or improving relationships between law enforcement and the communities they serve (including through community outreach and listening sessions, and supporting non-profit organizations that focus on improving stressed relationships between law enforcement officers and the communities they serve).
Fentanyl Detection – Fentanyl continues to be a major public health concern, and exposure in the field poses significant concerns to first responders. The increased prevalence of fentanyl and other synthetic opioids in the illicit drug market means that first responders need to understand how to protect themselves from exposure in the field. BJA encourages local jurisdictions to use JAG funds to keep officers safe by minimizing their exposure to fentanyl and for fentanyl detection equipment, training, and naloxone distribution. Fentanyl is approximately 100 times more potent than morphine, 50 times more potent than heroin. Breathing can stop after ingesting just two milligrams of fentanyl. The Fentanyl Safety Recommendations for First Responders and the companion training video Fentanyl: The Real Deal provide unified, scientific, evidence-based recommendations to first responders so they can protect themselves when the presence of fentanyl is suspected during the course of their daily activities, such as responding to overdose calls and conducting traffic stops, arrests, and searches.
Duplication of Networks (updated September 10, 2020) - To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
Prohibited Expenditures and Associated Procedures under JAG – The JAG statute, 34 U.S.C. §§ 10151 - 10158, specifically identifies a list of prohibited items, including unmanned aircraft, unmanned aerial vehicles, and unmanned aerial systems, which cannot be purchased with JAG funds unless the BJA Director certifies that extraordinary and exigent circumstances exist that make the use of such funds to purchase these prohibited items essential to the maintenance of public safety and good order. Additional information on prohibited expenditures under JAG, including the process to obtain prior approval to purchase a prohibited item(s), can be found within the JAG Prohibited Expenditures Guidance or within the JAG FAQs document (see Use of Funds section).
Body-Worn Cameras (BWCs) – A JAG award recipient that proposes to use fiscal year (FY) 2020 funds to purchase BWC equipment or to implement or enhance BWC programs must provide to OJP a certification(s) that each law enforcement agency receiving the equipment or implementing the program has policies and procedures in place related to BWC equipment usage, data storage and access, privacy considerations, and training. Access the certification form related to BWC policies and procedures.
A JAG award recipient that proposes to use funds for BWC-related expenses will have funds withheld until the required certification is submitted and approved by OJP. If the JAG award recipient proposes to change project activities to utilize JAG funds for BWC-related expenses after the award is accepted, the JAG award recipient must submit the signed certification to OJP at that time.
Further, before making any subaward for BWC-related expenses, the JAG award recipient must collect a completed BWC certification from the proposed subrecipient. Any such certifications must be maintained by the JAG award recipient and be made available to OJP upon request.
The BJA BWC Toolkit provides model BWC policies and best practices to assist criminal justice departments in implementing BWC programs.
Apart from the JAG Program, BJA provides funds under the Body-Worn Camera Policy and Implementation Program (BWC PIP). BWC PIP allows jurisdictions to develop and implement policies and practices required for effective program adoption, and to address program factors including the purchase, deployment, and maintenance of camera systems and equipment; data storage and access; and privacy considerations. Interested JAG award recipients may wish to refer to the BWC Program web page for more information. JAG award recipients should note, however, that funds may not be used as any part of the 50 percent match required by the BWC Program.
Body Armor – Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the following requirements are met: The body armor must have been tested and found to comply with the latest applicable National Institute of Justice ballistic or stab standards. In addition, body armor purchased must be made in the United States. Finally, body armor purchased with JAG funds must be “uniquely fitted vests,” which means protective (ballistic or stab-resistant) armor vests that conform to the individual wearer to provide the best possible fit and coverage through a combination of: (1) correctly sized panels and carrier determined through appropriate measurement and (2) properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features. Note that the requirement that body armor be "uniquely fitted" does not necessarily require body armor that is individually manufactured based on the measurements of an individual wearer. In support of OJP’s efforts to improve officer safety, the American Society for Testing and Materials (ASTM) International has made available the Standard Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003) at no cost. The Personal Armor Fit Assessment checklist is excerpted from ASTM E3003.
A JAG award recipient that proposes to use FY 2020 award funds to purchase body armor must provide OJP with a certification(s) that each law enforcement agency receiving body armor has a written “mandatory wear” policy in effect. See 34 U.S.C. § 10202(c). Access the certification form related to mandatory wear. Note: A JAG award recipient that proposes to use funds for the purchase of body armor will have funds withheld until the required certification is submitted and approved by OJP. If the JAG award recipient proposes to change project activities to utilize funds for the purchase body armor after the award is accepted, the award recipient must submit the signed certification to OJP at that time.
Further, before making any subaward for the purchase of body armor, the JAG award recipient must collect a completed mandatory wear certification from the proposed subrecipient. Any such certifications must be maintained by the JAG award recipient and made available to OJP upon request.
A mandatory wear concept and issues paper and a model policy are available from the BVP Customer Support Center, which can be contacted at [email protected] or toll free at 1–877–758–3787. Access additional information and FAQs related to the mandatory wear policy and certifications.
Apart from under the JAG Program, BJA provides funds under the Bulletproof Vest Partnership (BVP) Program. The BVP Program provides funding to state and local law enforcement agencies for the purchase of ballistic-resistant and stab-resistant body armor. For more information on the BVP Program, including eligibility and an application, refer to the BVP webpage. JAG award recipients should note, however, that funds may not be used as any part of the 50 percent match required by the BVP Program.
Interoperable Communications – Units of local government (and any subrecipients) that use FY 2020 JAG funds to support emergency communications activities (including the purchase of interoperable communications equipment and technologies such as Voice over Internet Protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission Waiver Order) should review current SAFECOM guidance. This guidance is updated annually to provide current information on emergency communications policies, eligible costs, best practices, and technical standards for state, local, tribal, and territorial grantees investing federal funds in emergency communications projects. Additionally, emergency communications projects funded with FY 2020 JAG funds should support the Statewide Communication Interoperability Plan (SCIP) and be coordinated with the full-time statewide interoperability coordinator (SWIC) in the state of the project. As the central coordination point for a state’s interoperability effort, the SWIC plays a critical role and can serve as a valuable resource. SWICs are responsible for the implementation of SCIP through coordination and collaboration with the emergency response community. The U.S. Department of Homeland Security Office of Emergency Communications maintains a list of SWICs for each state and territory. Contact [email protected] for more information. All communications equipment purchased with FY 2020 JAG Program funding should be identified during the quarterly performance measures reporting.
For JAG applicants considering implementing communications technology projects, it is worthwhile to consider the First Responder Network Authority (FirstNet) Program. The Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. §§ 1401 et seq.) established FirstNet as an independent authority within the National Telecommunications and Information Administration. FirstNet’s statutory mission is to take all actions necessary to ensure the establishment of a nationwide public safety broadband network (NPSBN). NPSBN will use the 700 MHz D block spectrum to provide Long-term Evolution-based broadband services and applications to public safety entities. The network is based on a single, national network architecture that will evolve with technological advances and initially consist of a core network and radio access network. While mission critical voice communications will continue to occur on land mobile radio, in time FirstNet is expected to provide public safety entities with mission critical broadband data capabilities and services including, but not limited to, messaging, image sharing, video streaming, group text, voice, data storage, applications, location-based services, and quality of service, priority, and preemption. This reliable, highly secure, interoperable, and innovative public safety communications platform will bring 21st century tools to public safety agencies and first responders, allowing them to quickly get more information and helping them to make faster and better decisions. For more information on FirstNet services, the unique value of the FirstNet network to public safety, and how to subscribe to the FirstNet service, should your unit of local government or territory opt in, visit www.FirstNet.gov. To learn about FirstNet’s programs and activities, including its consultation and outreach with public safety, the state plan’s process, FirstNet’s history and promise, and how it plans to ensure that the FirstNet network meets the needs of public safety, visit www.FirstNet.gov or contact [email protected].
DNA Testing of Evidentiary Materials and Uploading DNA Profiles to a Database – If JAG Program funds are to be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA database operated by the FBI) by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other nongovernmental DNA database without prior written approval from BJA.
In addition, funds may not be used to purchase DNA equipment and supplies when the resulting DNA profiles from such technology are not acceptable for entry into CODIS.
Entry of Records into State Repositories – As appropriate and to the extent consistent with law, a condition will be imposed that would require the following: Any program or activity that receives federal financial assistance under JAG that is likely to generate court dispositions or other records relevant to NICS determinations, including any dispositions or records that involve any alien who is illegally in the United States (18 U.S.C. § 922(g)(5)(A), must have a system in place to ensure that all such NICS-relevant dispositions or records are made available in a timely fashion.
Statutory Formula - JAG awards are based on a statutory formula that is fully described within the JAG Technical Report. Once each fiscal year’s overall JAG Program funding level is determined, BJA works with the Bureau of Justice Statistics to begin a four-step grant award calculation process, which, in general, consists of:
(1) Computing an initial JAG allocation for each state, based on its share of violent crime and population (weighted equally.
(2) Reviewing the initial JAG allocation amount to determine if the state allocation is less than the minimum award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds. Each of the remaining states receives the minimum award plus an additional amount based on its share of violent crime and population.
(3) Dividing each state’s final award amount (except for the territories and the District of Columbia) between the state and its units of local governments at rates of 60 and 40 percent, respectively.
(4) Determining unit of local government award allocations, which are based on their proportion of the state’s 3-year violent crime average. If the “eligible award amount” for a particular unit of local government, as determined on this basis, is $10,000 or more, then the unit of local government is eligible to apply directly to OJP (under the JAG Local solicitation) for a JAG award. If the “eligible award amount” for a particular unit of local government, as determined on this basis, is less than $10,000, however, the funds are not made available for a direct award to that particular unit of local government, but instead are added to the amount that is awarded to the state.
In FY 2016, the FBI formally announced its intention to sunset the Uniform Crime Reporting (UCR) Program’s traditional Summary Reporting System (SRS) and replace it with the UCR Program’s National Incident-Based Reporting System (NIBRS). By January 1, 2021, the FBI intends for NIBRS to be the law enforcement crime data reporting standard for the nation.
By statute, JAG Program awards are calculated using summary Part 1 violent crime data from the FBI’s UCR Program. (See 34 U.S.C. § 10156.) Once SRS has been replaced by NIBRS, JAG award amounts will be calculated using NIBRS data. In preparation for the FBI’s 2021 NIBRS compliance deadline, beginning in FY 2018, BJA requires, through the application of a special condition, direct JAG award recipients not certified by the FBI as NIBRS compliant to dedicate 3 percent of their JAG award toward achieving full compliance with the FBI’s NIBRS data submission requirements under the UCR Program. The 3 percent requirement will assist local jurisdictions working toward compliance to ensure they continue to have critical criminal justice funding available through JAG when SRS is replaced by NIBRS in FY 2021.
The requirement for a NIBRS set-aside will be applicable to all jurisdictions in a disparate group, but will not otherwise be applied to subawards. That is, the unit of local government serving as fiscal agent for a disparate group will be required by special condition to require each of the other jurisdictions in the disparate group to set aside 3 percent of FY 2020 JAG funds received by that jurisdiction to be used for NIBRS compliance activities, unless that jurisdiction has had the requirement waived by BJA, as described below. Units of local government must clearly indicate in their application narratives and budgets what projects will be supported with this 3 percent set-aside.
The following are examples of costs and projects relating to NIBRS implementation that could be funded under the JAG Program: software, hardware, and labor that directly support or enhance an agency’s technical capacity for collecting, processing, and analyzing data reported by local law enforcement (LE) agencies and then submitting NIBRS data to the FBI; training personnel responsible for Incident Based Reporting (IBR) program on receiving, processing and analyzing incident-based data; and technical assistance for LE agency personnel responsible for (1) managing the agency’s crime incident data, (2) processing and validating the data, and (3) extracting and submitting IBR data to the state UCR Program according to the state’s standard and/or directly to the FBI according to the NIBRS standard.
BJA will waive the set-aside requirement for units of local government that have been certified as NIBRS compliant by the FBI as of the posting date of the Local JAG Program solicitation. Units of local government that achieve full compliance with NIBRS after receiving an award should email evidence of NIBRS compliance (written documentation from the FBI that certifies NIBRS compliance) to their State Policy Advisor listed in OJP’s Grants Management System (GMS). Upon review of the documentation submitted, BJA will confirm the NIBRS compliance and then issue a Grant Adjustment Notice (GAN) to clear any withholding special conditions associated with the NIBRS set-aside requirement. Units of local government must retain documentation on file that demonstrates the FBI certification of NIBRS compliance. Such documentation must be made available for BJA review upon request. Please note that in order for a state to certify NIBRS compliance of a unit of local government, that state must first be certified as NIBRS compliant by the FBI.
Note: In FY 2018, U.S. territories were not subject to the 3 percent set-aside for NIBRS compliance to allow the territories and tribal jurisdictions to plan for the change in funding direction and provide BJA with time to coordinate or provide any necessary technical assistance. In FY 2019 (and moving forward), this requirement became applicable, meaning U.S. territories and tribal jurisdictions must set aside 3 percent of their award funds for NIBRS compliance.
For FY 2020, states must submit a comprehensive statewide strategic plan with their applications. Additionally, in any year in which the statewide strategic plan is not fully updated, states must also submit a brief annual report with their applications.
The statewide strategic plan, which must be updated at least every 5 years, should:
- Be designed in consultation with local governments and representatives of all segments of the criminal justice system, including judges; prosecutors; law enforcement personnel; corrections personnel; and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services.
- Include details of how grants will be used to improve the administration of the criminal justice system.
- Include a description of how the state will allocate funding within and among each of the JAG Program areas.
- Describe the process used by the state for gathering data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions.
- Describe the barriers at the state and local levels for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism.
The annual report (required in the years between full statewide strategic plan updates), intended to provide a summary update of program implementation efforts as detailed in the statewide strategic plan, should:
- Discuss changing circumstances in the state, if any, since the strategic plan was adopted.
- Describe how the state plans to adjust funding within and among each of the JAG Program areas.
- Provide an ongoing assessment of need.
- Discuss the accomplishment of the goals identified in the strategic plan.
- Reflect how the plan influenced funding decisions in the previous year.
States that submit incomplete or minimal statewide strategic plans with their applications will be recommended by BJA for training and technical assistance (TTA). If no plan is attached, an annual report is missing, or a submitted strategic plan or annual report clearly fails to discuss the required elements described above, then technical assistance will be required, and funds may be withheld until a minimally sufficient strategic plan and/or annual report is submitted.
TTA is available from The National Criminal Justice Association to assist states with the development of their strategic planning processes and plans. To help ensure that states consider the impact of JAG funding decisions across the entire criminal justice system, BJA strongly encourages each state to involve all criminal justice system stakeholders in the strategic planning process. The strategic planning process should reflect input from all segments of the criminal justice system, including local governments; judges; prosecutors; law enforcement and corrections personnel; and providers of indigent defense services, victim services, juvenile justice and delinquency prevention programs, parole and probation services, and reentry services. For more information, see the National Criminal Justice Association Justice Planning website.
If selected for funding, in addition to implementing the project consistent with the OJP-approved application, the recipient must comply with the award conditions and all applicable requirements of federal statutes and regulations (including applicable requirements referred to in the assurances and certifications executed at the time of award acceptance).
OJP strongly encourages applicants to review the information on post-award legal requirements generally applicable to FY 2020 OJP awards and common OJP award conditions prior to submitting an application.
Individual FY 2020 awards made pursuant to this solicitation will, as appropriate and to the extent consistent with law, include conditions that will require the recipient (and any subrecipient) that accepts the award to do various things with respect to the “program or activity” that would receive federal financial assistance. Although the specific terms of each of those conditions are what will govern the awards, included among such conditions will be some that, generally speaking, will require the recipient (and any subrecipient) that accepts the award to do some or all of the following:
- Not to violate 8 U.S.C. § 1373 (prohibiting restrictions on—
- communication to/from the Department of Homeland Security (DHS) of information regarding the citizenship or immigration status of any individual and
- maintaining, or exchanging with any government entity, information regarding the immigration status of any individual).
- Not to violate 8 U.S.C. § 1644 (prohibiting restrictions on communication to/from DHS of information regarding the immigration status of an alien).
- Not to publicly disclose federal law enforcement information in an attempt to conceal, harbor, or shield certain individuals from detection, including in violation of 18 U.S.C. §§ 1071 or 1072, or 8 U.S.C. § 1324(a).
- Not to impede the exercise of the authority of the federal government under 8 U.S.C. § 1266(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”) and 8 U.S.C. § 1231(a)(4) (relating to removal from the United States of aliens after detention/confinement at the federal, state, and local levels), specifically by requiring such recipients to provide (where feasible) at least 48 hours’ advance notice to DHS regarding the scheduled release date and time of an alien in the recipient’s custody when DHS requests such notice in order to take custody of the alien pursuant to the Immigration and Nationality Act.
- Not to impede the exercise by DHS agents, “anywhere in or outside the United States” (8 C.F.R. § 287.5(a)(1)), of their authority under 8 U.S.C. § 1357(a)(1) to “interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States,” specifically by requiring such recipients to permit DHS agents to have access to any correctional facility in order to meet with an alien (or an individual believed to be an alien) and inquire as to his right to be or remain in the United States.
2020 U.S.C. § 1373
Communication between government agencies and the Immigration and Naturalization Service
(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b) Additional authority of government entities
Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
- Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
- Maintaining such information.
- Exchanging such information with any other Federal, State, or local government entity.
(c) Obligation to respond to inquiries
The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.
8 U.S.C. § 1644
Communication between State and local government agencies and Immigration and Naturalization Service
Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States.
8 U.S.C. § 1226(a) & (c)
Apprehension and detention of aliens
(a) Arrest, detention, and release
On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General--
- may continue to detain the arrested alien; and
- may release the alien on--
- bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or
- conditional parole; but
- may not provide the alien with work authorization (including an “employment authorized” endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.
(c)Detention of criminal aliens
The Attorney General shall take into custody any alien who--
- is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title,
- is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
- is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence to a term of imprisonment of at least 1 year, or
- is inadmissible under section 1182(a)(3)(B) of this title or deportable under section 1227(a)(4)(B) of this title,
when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.
The Attorney General may release an alien described in paragraph (1) only if the Attorney General decides pursuant to section 3521 of Title 18 that release of the alien from custody is necessary to provide protection to a witness, a potential witness, a person cooperating with an investigation into major criminal activity, or an immediate family member or close associate of a witness, potential witness, or person cooperating with such an investigation, and the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding. A decision relating to such release shall take place in accordance with a procedure that considers the severity of the offense committed by the alien.
8 U.S.C. § 1231(a)(4)
- Detention, release, and removal of aliens ordered removed
- Aliens imprisoned, arrested, or on parole, supervised release, or probation
- In general
Except as provided in section 259(a) of title 42 and paragraph (2), the Attorney General may not remove an alien who is sentenced to imprisonment until the alien is released from imprisonment. Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason to defer removal.
- Exception for removal of nonviolent offenders prior to completion of sentence of imprisonment
The Attorney General is authorized to remove an alien in accordance with applicable procedures under this chapter before the alien has completed a sentence of imprisonment-
- in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense related to smuggling or harboring of aliens or an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this title and (II) the removal of the alien is appropriate and in the best interest of the United States; or
- in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense described in section 1101(a)(43)(C) or (E) of this title), (II) the removal is appropriate and in the best interest of the State, and (III) submits a written request to the Attorney General that such alien be so removed.
Any alien removed pursuant to this paragraph shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens removed under subparagraph (B).
- No private right
No cause or claim may be asserted under this paragraph against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien.
Bringing in and harboring certain aliens
(a) Criminal penalties (1)(A)
Any person who—
- knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
- (v)(I) engages in any conspiracy to commit any of the preceding acts, or (II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
- (i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;
- (ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;
- (iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and
- (iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.
(C)It is not a violation of clauses (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces an alien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.
(2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs-
- be fined in accordance with title 18 or imprisoned not more than one year, or both; or
- in the case of-
- an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year,
- an offense done for the purpose of commercial advantage or private financial gain, or
- an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry,
be fined under title 18 and shall be imprisoned, in the case of a first or second violation of §subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.
(3)(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.
- An alien described in this subparagraph is an alien who-
- is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and
- has been brought into the United States in violation of this subsection.
(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if-
- the offense was part of an ongoing commercial organization or enterprise;
- aliens were transported in groups of 10 or more; and
- (C)(i) aliens were transported in a manner that endangered their lives; or (ii) the aliens presented a life-threatening health risk to people in the United States.
Powers of immigration officers and employees
(a) Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant—
- to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States;
- to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States;
- within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;
- to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States; and
- to make arrests-
- for any offense against the United States, if the offense is committed in the officer's or employee's presence, or
- or any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony,
if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest.
Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or employee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations.
8 U.S.C. § 1366(1) & (3)
Annual report on criminal aliens
Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report detailing—
- the number of illegal aliens incarcerated in Federal and State prisons for having committed felonies, stating the number incarcerated for each type of offense;
- programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of criminal aliens subject to removal; . . . .
View Purposes for Which Funds Awarded in the FY 2020 JAG Program May Be Used (PDF) for details.