R2026-164 Resolution Authorizing the Certifications and Assurances of the 2025 Byrne Justice Assistance Grant

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exercised "anywhere in or outside"the United States)—no State or local government entity, agency, or official within the funded program or activity may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government(or government-contracted)correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Noninterference with statutory law enforcement access to correctional facilities within the funded "program or activity." With respect to the "program or activity"funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consonant with federal law enforcement statutes and regulations as cited in para. 1 of this condition, no State or local government entity, agency, or official within the funded program or activity may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of"interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 4. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any)of actions (e.g., training)designed to ensure compliance with this condition. 5. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 U.S.C. 1101(a)(3)), except that, with respect to a juvenile offender, it means"criminal alien." (2)The term "juvenile offender" means what it means under 28 C.F.R. 31.304(f) (as in effect on Jan. 1, 2026.) (3)The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of— (a) conviction described in 8 U.S.C. 1227(a)(2), or (b) conduct described in 8 U.S.C. 1227(a)(4). (4)The term "conviction" means what it means under 8 U.S.C. 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction"for purposes of this condition.) (5)The term "correctional facility" means what it means under 34 U.S.C. 10251(a)(7))as of Jan. 1, 2026. (6)The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. (7) "State"and "local government" include any agency or other entity thereof, but not any public institution of higher education or Indian tribe. (8) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity(or individual)to violate any federal law, including any applicable civil rights or nondiscrimination law. C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award. Condition 55 The recipient understands and agrees that no award funds may be used for any expenses related to public awareness campaigns for an extreme risk protection program. Condition 56 Extreme risk protection order(ERPO) programs funded under this award must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less Page: 21 of 24