A U.S. Department of Justice grant allocated to the Hayward Police Department worth $42,491 is likely at risk after the Hayward City Council instructed its staff to not sign a controversial new certification that runs opposed to its recently approved sanctuary city status.

Although Hayward councilmembers unanimously voted last week to approve receipt of DOJ Byrne Justice Assistance Grant (JAG) funding, its direction for neither the city manager or city attorney to sign the required certification, which includes a commitment by the city to work and share data with U.S. Immigration and Custom Enforcement agents, may result in the grant being forfeited.

Hayward Councilmember Sara Lamnin included the prohibition against signing the certification in the motion last Tuesday if it runs in opposition to its sanctuary city status. In response, City Manager Kelly McAdoo warned, “Just to be perfectly honest with the council, that might jeopardize the grant award.”

The certification is new wrinkle to the federal grant program instituted only this year by U.S. Attorney General Jeff Sessions. Federal JAG funds are distributed through county sheriff’s departments. Alameda County’s total share for Fiscal Year 2017 is $774,808, with Hayward slated to receive $42,491.

The Alameda County Sheriff plans again to apply for 2018 JAG funds, but according to Hayward city staff, its decision Tuesday night could adversely affect its chances for future grant awards.

Alameda and San Leandro, two East Bay cities that also declared sanctuary status earlier this spring, declined to sign the DOJ’s certification letter.