The United States Department of Justice Department of Justice Seal The United States Department of Justice
Search The Site
 
Opinions by Date and Title
Date Sorted DescendingTitleHeadnotes
1996
1996-March-07

Eligibility of Citizens of Freely Associated States for HUD Financial Assistance

The Secretary of Housing and Urban Development may not make financial assistance, including assistance under section 8 of the United States Housing Act of 1937, available for the benefit of citizens of the Freely Associated States (Federated States o f Micronesia, Marshall Islands, Republic of Palau) who have entered the Territory of Guam and the Commonwealth of the Northern Mariana Islands as non-immigrants pursuant to section 141 of the Compact of Free Association.

1996-March-05

Legal Authority to Approve Changes in Use of Property Under Section 414 of the Housing and Urban Development Act of 1969

The proposed sale of property at its fair market value in order to raise funds to build low and moderate income housing on different property constitutes a change in the use of property under section 414 of the Housing and Urban Development Act of 1969 and the terms of the deed of the 1974 sale of the property.

The Department of Housing and Urban Development and the General Services Administration could approve the proposed sale of property to a public body without violating section 414.

1996-March-04

Constitutionality of Citizenship Requirement for Participation in Small Business Administration’s 8(a) Program

The Small Business Administration’s regulation imposing a citizenship requirement for participation in its 8(a) program for disadvantaged contractors is constitutional.

1996-February-26

Legality of Government Honoraria Ban Following U.S. v. National Treasury Employees Union

No portion of § 501(b) of the Ethics in Government Act of 1978, which imposes an honoraria ban on all government employees, survives the Supreme Court’s decision in United States v. National Treasury Employees Union.

1996-February-13

Transactions Between the Federal Financing Bank and the Department of the Treasury

This opinion reviews a possible Federal Financing Bank sale of loan assets to the Civil Service Retirement and Disability Fund and other possible related transactions between the FFB and the Department of the Treasury, and concludes that the contemplated transactions would be permissible under existing law.

1996-February-13

Brady Act Implementation Issues

The Attorney General may impose an expiration date on the validity of a check, conducted pursuant to the Brady Act by the national instant criminal background check system, that authorizes the transfer of a firearm.

Information from the national instant criminal background check system may be disclosed to law enforcement agencies to further their criminal investigations, but disclosures may not be made for the purpose of establishing firearms registries and non-consensual disclosures may not be made for employment and licensing purposes.

The Privacy Act places no restrictions on the Attorney General’s express authority under the Brady Act to request information from federal agencies identifying individuals who fall within the categories of persons prohibited from possessing firearms.

1996-February-12

Alternatives for the Imposition of Conditions on the Certification of Drug Transit and Producing Countries

The President may impose certain conditions upon a drug producing or transit country seeking certification under section 490(b) of the Foreign Assistance Act of 1961. If he chooses to certify a country under section 490(b)(1)(B), he can withhold funds from the country to encourage compliance with a set of specified conditions. Alternatively, the President can determine not to certify a country in his annual certification report but inform the country that it might be recertified outside the annual cycle if it meets certain conditions. The first alternative offers greater flexibility to the President as, under the latter approach, the President is constrained in the exercise of his discretion by specific statutory requirements and his determination is subject to congressional review.

1996-February-09

Authority of the President to Restrict Munitions Imports Under the Arms Export Control Act

Restricting the import of certain classes of Russian firearms and ammunition that are deemed an unacceptable risk to public safety is a legitimate use of the President’s authority under the Arms Export Control Act to restrict the import of munitions in furtherance of United States foreign policy.

1996-February-05

Assistance by State and Local Police in Apprehending Illegal Aliens

Subject to the provisions of state law, state and local police may constitutionally detain or arrest aliens for violating the criminal provisions of the Immigration and Naturalization Act.

State and local police lack recognized legal authority to stop and detain an alien solely on suspicion of civil deportability, as opposed to a criminal violation of the immigration laws or other laws.

State and local police may detain aliens reasonably suspected of a criminal violation of the immigration laws for periods of as long as 45 to 60 minutes when detentions of that length are necessary to allow for the arrival of Border Patrol agents who are needed for the informed federal disposition of the suspected violations.

1996-January-26

Immigration Emergency Fund

The $20 million that the Immigration and Naturalization Act makes available, in the Immigration Emergency Fund, for reimbursement of states and localities for certain immigration-related assistance is available annually, not just one time during the life of the IEF.


Updated: April 2014