University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States"
Date May 22, 2017
Author Jefferson Sessions
Author Institution U.S. Department of Justice
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Abstract In accordance with my duties as Attorney General, I have determined that section 9(a) of the Executive Order, which is directed to the Attorney General and the Secretary of Homeland Security, will be applied solely to federal grants administered by the Department of Justice or the Department of Homeland Security, and not to other sources of federal funding. Section 9(a) expressly requires enforcement "to the extent consistent with law," and therefore does not call for the imposition of grant conditions that would violate any applicable constitutional or statutory limitation. Nor does the Executive Order purport to expand the existing statutory or constitutional authority of the Attorney General and the Secretary of Homeland Security in any respect. Indeed, apart from the Executive Order, the Department of Justice and the Department of Homeland Security, in certain circumstances, may lawfully exercise discretion over grants that they administer. Section 9(a) directs the Attorney General and the Secretary of Homeland Security to exercise, as appropriate, their lawful discretion to ensure that jurisdictions that
willfully refuse to comply with section 1373 are not eligible to receive Department of Justice or Department of Homeland Security grants.
Source The Washington Post

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