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Edward Byrne Memorial Justice Assistance Grant
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Edward Byrne Memorial Justice Assistance Grant

Main federal grant programme for state and local criminal justice.

Federal courts split in 2019 and 2020 over immigration conditions the Justice Department attached to Byrne JAG police grants. That fight is the closest precedent for FEMA's election conditions on counterterrorism grants, which a federal judge voided on 28 September 2026.

Last refreshed: 1 October 2026

Timeline for Edward Byrne Memorial Justice Assistance Grant

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Background

Byrne JAG's 2017 to 2020 litigation found a new use in 2026. On 28 September 2026 Judge Amir Ali struck down FEMA conditions that would have cost states a fifth of their counterterrorism grants unless they used a federal citizenship-check database and hand-audited 5% of paper ballots. The pattern, federal money made to depend on a policy Congress did not attach to it, is the one Byrne JAG litigated first.

The Consolidated Appropriations Act of 2005 created the grant by merging the Byrne formula programme with the Local Law Enforcement Block Grant. The Bureau of Justice Assistance runs it under 34 U.S.C. 10151 onwards, allocating money by population and violent crime, and calls it the leading source of federal justice funding to state and local jurisdictions. It is named after Edward Byrne, a New York police officer.

In 2017 the Justice Department added three immigration conditions: certifying compliance with 8 U.S.C. 1373, giving immigration officers access to jails, and giving 48 hours' notice of release. The Third Circuit held them unlawfully imposed on 15 February 2019 and the Ninth Circuit upheld an injunction against two of them on 31 October 2019. The Second Circuit upheld the conditions on 26 February 2020, splitting from the other circuits.

Common Questions
What is the Byrne JAG grant?
The Edward Byrne Memorial Justice Assistance Grant is a Justice Department formula grant to states and local governments for criminal justice, run by the Bureau of Justice Assistance and allocated by population and violent crime.Source: BJA programme overview; 34 U.S.C. 10151
What conditions did the Justice Department attach to Byrne JAG grants in 2017?
It required recipients to certify compliance with 8 U.S.C. 1373, give immigration officers access to detention facilities and give 48 hours' notice before releasing people sought by immigration authorities.Source: City of Philadelphia v. Attorney General, No. 18-2648 (3d Cir. 15 February 2019)
Which courts struck down the Byrne JAG immigration conditions?
The Third Circuit held them unlawfully imposed on 15 February 2019, and the Ninth Circuit upheld an injunction against the notice and access conditions on 31 October 2019. The Second Circuit upheld the conditions on 26 February 2020.Source: 3d Cir. No. 18-2648; 9th Cir. No. 18-56292; 2d Cir. 951 F.3d 84
How is Byrne JAG related to the 2026 FEMA election grant ruling?
Both disputes turn on whether a grant statute lets a federal agency attach unrelated policy conditions. On 28 September 2026 Judge Amir Ali vacated FEMA's election conditions on Homeland Security grants on that statutory ground.Source: Metropolitan Government of Nashville v. DHS, D.D.C. (28 September 2026)
Source Material
City of Philadelphia v. Attorney General, No. 18-2648Edward Byrne Memorial Justice Assistance Grant Program overview