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Article 56 Compliance with Federal Immigration Law <br />1. Prohibition a. The state or territorial recipient is prohibited from making <br />subawards to a local government that the Department of Homeland Security or the <br />Department of Justice has designated as a sanctuary jurisdiction. If the Department <br />of Homeland Security or Department of Justice designates a local government as a <br />sanctuary jurisdiction after the state or territorial recipient makes a subaward to that <br />local government, the state or territorial recipient must suspend the subaward, the <br />state or territorial recipient must not make any additional payments to the local <br />government, and the local government is prohibited from making any financial <br />obligations under the subaward on and after the date of designation until the <br />Department of Homeland Security or Department of Justice removes that <br />designation. b. The Department of Homeland Security designates a local <br />government as a sanctuary jurisdiction if it fails to comply with the requirements set <br />forth in paragraphs 2.a.i to v of this term and condition. 2_ Certification a. The state <br />or territorial recipient must require all local government subrecipients to certify <br />under penalty of perjury pursuant to 28 U.S.C. § 1746, and using a form that is <br />acceptable to the Department of Homeland Security, that the local government will <br />comply with the following requirements related to coordination and cooperation with <br />the Department of Homeland Security and immigration officials: i. They will comply <br />with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit <br />restrictions on information sharing by state and local government entities with the <br />Department of Homeland Security regarding the citizenship or immigration status, <br />lawful or unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any <br />person or agency from prohibiting, or in any way restricting, a Federal, state, or <br />local government entity from doing any of the following with respect to information <br />regarding the immigration status of any individual: (1) sending such information to, <br />or requesting or receiving such information from, Federal immigration officials; (2) <br />maintaining such information; or (3) exchanging such information with any other <br />Federal, state, or local government entity. ii. They will comply with other relevant <br />laws related to immigration, including prohibitions on encouraging or inducing an <br />alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § <br />1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § <br />1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection <br />illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or <br />abetting, or attempt liability regarding these statutes. iii. They will honor requests for <br />cooperation, such as participating in joint operations, sharing of information, or <br />requests for short term detention of an alien pursuant to a valid detainer. A <br />jurisdiction does not fail to comply with this requirement merely because it lacks the <br />necessary resources to assist in a particular instance. iv. They will provide access <br />to detainees, such as when an immigration officer seeks to interview a person who <br />might be a removable alien. v. They will not leak or otherwise publicize the <br />existence of an immigration enforcement operation. b. The state or territorial <br />recipient must require a local government subrecipient to make the certification <br />above before providing them with any funding under the subaward. 3. Materiality <br />and Remedies for Noncompliance This term and condition is material to the <br />Department of Homeland Security's decision to make this grant award and the <br />Department of Homeland Security may take any remedy for noncompliance, <br />including termination, if the state or territorial recipient or any local government <br />subrecipient fails to comply with this term and condition. <br />Article 57 Non -Applicability of Specific Terms and Agreement Articles <br />Notwithstanding their inclusion in this award package, the following terms and <br />Agreement Articles do not apply to this grant award: (1) paragraph C.IX <br />(Communication and Cooperation with the Department of Homeland Security and <br />Immigration Officials) of the DHS Standard Terms and Conditions and the <br />Agreement Article titled "Communication and Cooperation with the Department of <br />Homeland Security and Immigration Officials" in this award package; and (2) <br />paragraph C.XVII(2)(a)(iii) (Anti -Discrimination Grant Award Certification regarding <br />immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) <br />of the Agreement Article titled "Anti -Discrimination" in this award package. <br />DHS-FEMA-EMPG-FY25 <br />Page 41 of 50 City of Everett, E26-223 <br />