OC City Takes Stand on AG Sessions' Threats To Withhold Grants to Sanctuary Cities

ORANGE COUNTY, CA – Santa Ana officials were undeterred Monday by Attorney General Jeff Sessions' threats to withhold and even, in some cases, "claw back" Justice Department grants to "sanctuary cities."

Santa Ana Councilman Sal Tinajero said he viewed Sessions' comments to reporters Monday as "highly political and a way to attempt to intimidate cities like ours."

Sessions made the argument that sanctuary cities are "less safe," particularly the "immigration communities" in those municipalities.

"The President (Donald Trump) has rightly said this disregard for law must end and in his executive order he stated it is the policy of the executive branch to ensure that states and cities must comply with federal laws," Sessions said.

The Justice Department "will require jurisdictions seeking" grants from the federal agency to "certify" they are in compliance with federal law, Sessions said.

A "failure to remedy violations" of federal requirements "will result in withholding grants, termination of grants or ineligibility of future grants" from the Justice Department, Sessions said.

Sessions also warned of a "claw back" of Justice Department grants and noted the agency issued $4.1 billion in funds this fiscal year.

Tinajero said a closer reading of the law Sessions cited Monday "does not mandate" cooperation between states or cities with the federal government on immigration enforcement.

City officials will provide information on immigrants living in the country without legal permission if the federal government formally requests that information, which is required by law, Tinajero said.

"But we don't voluntarily give you information on undocumented people," Tinajero said. "When asked for that information we, by definition, do it because it's what we have to do."

So, Santa Ana officials cannot be found in violation of federal law, Tinajero said.

"So, if we're not in violation how can they pull the funding simply because we labeled ourselves a sanctuary city -- it doesn't make sense," Tinajero said.

When a suspect is taken into custody in the city, for example, police will ask if the accused is in the country legally, Tinajero said.

"That's just for our records," Tinajero said. "If the federal government wants to ask about that particular individual and they do it with a formal request then we abide by it."

Tinajero said residents need not be overly concerned about the warnings.

"I tell our constituents to hold on tight because we're going to fight it legally," Tinajero said. "We think we have the upper hand here because we haven't violated the law. We're well within our rights to operate this way."

Any attempt to take back grants would also be met with a lawsuit if necessary, Tinajero said.

"I think this is just a way to scare cities and we're going to continue to do what we do," Tinajero said.

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--City News Service/Official DOJ photo