Justice Department and West Palm Beach Announce Settlement Related to the City’s Resolution and the Department’s Immigration Cooperation Grant Conditions

The Department of Justice and the City of West Palm Beach announced today that they had reached an agreement regarding Resolution Number 112-17.  The Department had been investigating whether West Palm Beach’s Resolution Number 112-17 and polices related to the resolution comply with 8 U.S.C. § 1373, which protects information sharing between local law enforcement and the Department of Homeland Security (DHS).

Following the City’s agreement to, and subsequent dissemination of, a memorandum from West Palm Beach to its employees stating West Palm Beach’s position that its local laws do not restrict information sharing with DHS, the Department issued a letter to West Palm Beach concluding its section 1373 review.  The letter stated, “[i]n light of our ongoing discussions and your agreement to and sending of a memorandum to all employees stating that they are not restricted from sharing information with DHS, we find no evidence that you are currently out of compliance with section 1373.”

West Palm Beach also agreed to dismiss its lawsuit requesting a declaration that its Resolution complies with federal law and challenging the Department’s authority to impose immigration cooperation-related grant conditions.

Today’s settlement protects public safety by providing assurance that West Palm Beach’s Resolution, as interpreted by West Palm Beach, does not violate section 1373, and permits DHS to receive the information it may need to take custody of aliens who commit crimes.