Department of Homeland Security Detainer Request Compliance Requirements for OOG Grantees

An application requirement pertaining to full compliance with Department of Homeland Security detainer requests applies to all municipal or county governments that include a department that detains individuals after arrest for a criminal violation. This requirement is met when the applicant submits both a letter and a certification as part of their application.

The letter must contain text specified by OOG (see below) and be signed and dated by the head of each relevant department that detains individuals after arrest. The certification (see below) is made by the authorized official submitting the application on behalf of the grantee, and pertains to the actions of the relevant department that detains individuals after arrest.

OOG, at its sole discretion, may accept a copy of any such the letter for all grants applied for by the county or municipality for a period of two years after the letter date. If that period expires during the project period, a grantee must submit an updated letter in order to remain in compliance with this requirement. The certification must be made by the authorized official for each application the county or municipality submits to OOG. Failure to submit a certification and to submit and maintain a valid letter will result in denial of all applications that benefit the department and may result in denial of applications submitted by other departments or subdivisions of the county or municipality, at OOG’s sole discretion.

Required Certification by Authorized Official in Grant Applications

The following certification a required part of new applications for grant funds. The certification can be found on the Narrative tab of the eGrants online application:

If Grantee is a county or municipality and includes a department or other subdivision that detains individuals after arrest for a criminal violation, such Grantee certifies that it participates fully, and will continue throughout the grant period to participate fully, in all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security (DHS) to: (1) notify DHS of all information requested by DHS related to illegal aliens in the custody of the Grantee; and (2) detain such aliens in accordance with requests by DHS. Grantee certifies that it does not have, and will continue throughout the grant period not to have, any policy, procedure, or agreement (written or unwritten) that in any way limits or impedes Grantee’s receipt of or DHS’s issuance of detainer requests. Grantee further certifies that it does not have, and will continue throughout the grant period not to have, any policy, procedure, or agreement (written or unwritten) that in any way limits or restricts the Grantee’s full participation in all aspects of the programs and procedures utilized by DHS to: (1) notify DHS of all information requested by DHS related to illegal aliens in the custody of the Grantee; and (2) detain such aliens in accordance with requests by DHS. Grantee agrees that failure to comply with this certification may result in OOG, at its sole discretion, terminating this grant and any other grant made by the OOG to the Grantee’s county or municipality. Grantee agrees that it shall return all funds received from OOG for any grant terminated under this certification. Additionally, Grantee agrees that it will remain ineligible for future OOG funding until it can provide satisfactory evidence that the jurisdiction has been in compliance with this requirement for a period of at least one year.

Required Letter by Head of Detaining Department

The text below must be exactly reproduced in a letter signed and dated by the head of each relevant department that detains individuals after arrest.

I am the head of an agency or department (“department”) that detains individuals after arrest for a criminal violation and I certify that my department participates fully, and will continue for a period no less than two years from the date of this letter to participate fully in all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security (DHS) to: (1) notify DHS of all information requested by DHS related to illegal aliens in the custody of the Grantee; and (2) detain such aliens in accordance with requests by DHS. I certify that my department does not have, and will continue not to have for a period no less than two years from the date of this letter, any policy, procedure, or agreement (written or unwritten) that in any way limits or impedes Grantee’s receipt of or DHS’s issuance of detainer requests. I further certify that my department does not have, and will continue not to have for a period no less than two years from the date of this letter, any policy, procedure, or agreement (written or unwritten) that in any way limits or restricts the Grantee’s full participation in all aspects of the programs and procedures utilized by DHS to: (1) notify DHS of all information requested by DHS related to illegal aliens in the custody of the Grantee; and (2) detain such aliens in accordance with requests by DHS. I acknowledge that failure to comply with this certification may result in OOG, in its sole discretion, terminating this grant and any other grant made by the OOG to the Grantee’s county or municipality. I acknowledge that the Grantee will be required to return all funds received by OOG for any grant terminated under this certification. Additionally, I acknowledge that it will remain ineligible for future OOG funding until it can provide satisfactory evidence that the jurisdiction has been in compliance with this requirement for a period of at least one year.