202-18 Exhibit A - Edward Byrne Memorial Justice Assistance Grant Application.pdf

U.S. DEPARTMENT OF JusTICE OFFICE OF JUSTICE PROGRAMS: Local Government: FY 2048 Certification Relating to BUS.C, §§ 1226(a} & (c), 1234(aNt4), 1324(a), 1357(a), & 1366(1) & (3) On behalf of the applicant government entity named below, and in support of ts application, t certify under penalty of perjury to the Office of Justice Programs ("OJP"), U.S, Department of Justice ("USDOJ"), that all of the following are true and correct 1. (am the chief iegal officer of the unit of local government of which the applicant entity named below is a part (the jurisdiction’), and | have the authority to make this certification on sehalf of the jurisdiction and the appticant entity (that is, the entity applying clirectly to OJP). J understand that OJP will rely upon this certification as a material representatian in any decision to make an award to the applicant entity. 2. Ihave carefully reviewed each of the following sections af title 8, United States Code: a. § 1226(@) & (¢) (authorizing arrest and detention of certain aliens ard providing that the federal government “shail take into custody" cenain criminal aliens “when the alien is released b. § 1231(a)(4) (federal government may not “remove an alien who is sentenced to imprisonment until the alien is released {rom imprisonment’), ¢. § 1324(a) (forbidding any “person,” in “knowing or in reckiess disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law,” to "conceatf}, harhor(), or shieldfj from detection, or attempt!] fo conceal, harbor, or shieid from detection, such alien in any place, including any building or any means of transportation’ or to “engage in any conspiracy to commit any of the preceding acts ... or aid or abet{} the commission of any of the preceding acts’): 3. § 1357(a) (authorizing immigration officers, “anywhere in or outside the United States” (see 8 C FR, § 287.S{a)), to “interregate any alien or person balieved to be an alién as to his tight to be oF to remain in the United States"), and ©. § 1366(1) & (3) (requiring the Attorney General annually to submit to Congress “a report detailing ... (1) the number of illegal aliens. incarcerated in Federal and State prisons for having committed felonies, slating the number incarcerated for each tye of offense, ard] (3) programs and plans underway in the Depamtnent of Justice to ensure the

ted in Federal and State prisons for having committed felonies, slating the number incarcerated for each tye of offense, ard] (3) programs and plans underway in the Depamtnent of Justice to ensure the prompt removal from the United States of criminal aliens subject to remova’) 3. I (and also the applicant entity) understand that USDOJ will require States and local governments (including State and local government entities, -agencies, and -officiais), with respect to any "program or activity funded in whole of in part with the federal financial assistance provided through the FY 2078 OJP program under which this certification is being submitted ithe "FY 2018 OJP Program’ identified below), specifically including any such "program of activity’ of a governmental entity or -agency that is a subrecipient (at any tier) of funds under the FY 2018 OJP Program, not to violate, oF to aid or abet any violation of, 8 U.S.C. § 1324(3}, and not to impede the exercise oy federal officers of authority under 8 U.S.C. § 1357{a) ar relating to 8 U.S.C. § 1368/1) & (3) or BUS. § 1228(a1 & fe). 4. | (and also the applicant entity) understand that, for purposes of this certification, “program or activity" means what it means under title Vi of the Civil Rights Act of 1984 (see 42 U.S.C. § 2000d-4a), and that terms used in this cedlification that are defined in 8 USC. § 1101 mean what they mean under that section 1101, except that the tem “State” also shall include American Samoa (of. 34 U.S C § 10251(@}(2)). Also, | understand that, for purposes of this certification, neither a ‘public’ institution of higher education (/.¢, one that is owed, controlled, oF ditectly funded by a State or local government) nor an indian tribe is considered a State or local government entity or -agency 5. Ihave conducted (or caused to be conducted for me) a diligent inquiry and review concerning both— a. the “piogram or activity” to be funded (in whole or in part) veth the federal financial assistance sought by the applicant entity under this FY 2018 OJP Program; and b. any Isws, rules, policies, of practices potentially applicable fo the “program or activity’ sought to be funded under the FY 2018 OJP Program that implicate any of the requirements relating to&U SC. §§ 1228(a) & (ce), 1324(a), 1357 (a), & 1346(1) & (3) that are described in {] 3 of this certification, whether imposed by a State or

P Program that implicate any of the requirements relating to&U SC. §§ 1228(a) & (ce), 1324(a), 1357 (a), & 1346(1) & (3) that are described in {] 3 of this certification, whether imposed by a State or local government entity, -agency, or-official 6. As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the jurisdiction has in effect, purports to have in effect, or is subject to or bound by, any ‘aw, rule, policy, or practice that would apply to the "program or activity’ to be funded in whole or in part under the FY 2018 OuP Program (which, for tire specitic purpose of this paragraph 6. shall not be understood tc include any such “program or activity” of any subrecipient at any tier), and that would or does— (1) viclale, or aid or abel any viclaton of. 8 U.S.C. § 1324(a); (2) impede the exercise by federal officers of authority under 8 US.C. § 1357 (a), (3) impede the exercise by federal officers of authority relating to 8 U.S.C. § 1368(1) & (2): oF (4) impede the exercise by federal officers of authority relating 1 8 USC § 1226(a) & (c) } acknowledge that a materially false, fictitious, or fraudulent statemant (oF concealment or omission of a material fact) in this certification, or in the application that it supports, may be fhe subject of criminal prosecution {including under 18 U S.C. §§ 1001 and/or 1621, andor 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant entity to civil penaities and administrative temedies for false claims or otherwise (neluding uncer 31 U.S.C. §§ 3729-3730 and §§ 3801-3812}. | also acknowledge that OJP awards, including associated certifications, are oe review by USDOJ, including by OuP and the USDO4 Ctlice of the Inspector General. ew Np. ee But Jocue DTrenk, Ess. ASignature of Chief LegdiPiticer ‘of the Jurisdiction Printed Name of Chief Legal Officer SOAK hy ne Date“f Certification Title of Chief Legal Officer of the Jurisdiction Teounsnipaf U“est Orange Name of Applicarl Government Entily (12., the applica io the FY 2018 OJP Program identified below FY 2018 OJP Program: Byrne Justice Assistance Grant JAG) Program: Local 45 BJA-2018-13626