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Published On: Fri, Dec 22nd, 2017

DOJ cuts ‘outdated’ Obama era ‘guidance documents,’ criticized by Juvenile Law activists

The Justice Department eliminated a set of “guidance documents” from the books on Thursday, withdrawing 25 documents — including one addressing integration of people with disabilities in state and local government programs and another on standards for assessing citizenship status discrimination.

Scale of Justice photo/DTR via wikimedia commons

The Justice Department, in announcing the move, stated the 25 documents were “unnecessary, inconsistent with existing law, or otherwise improper.”

“[A]ny guidance that is outdated, used to circumvent the regulatory process, or that improperly goes beyond what is provided for in statutes or regulation should not be given effect,” Sessions said in a statement on Thursday. “That is why today, we are ending 25 examples of improper or unnecessary guidance documents identified by our Regulatory Reform Task Force led by our Associate Attorney General Rachel Brand.”

Ten of the withdrawn documents relate to the Americans With Disabilities Act; six are documents issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the remaining nine cover a range of topics — including a 2016 Obama-era effort highlighted in the Post’s reporting “that asked local courts across the country to be wary of slapping poor defendants with fines and fees to fill their jurisdictions’ coffers.”

“This is yet another example of action contrary to public safety and wise public policy,” said Sue Mangold, Executive Director of Juvenile Law Center. “The value of the guidance was to use the leverage of the Department of Justice to advise on best practices. Juvenile Law Center will continue to share the critical information on the harm caused by costs, fines and fees with our many partners who want to do what is best for youth and their families.”

“Punishing youth for their inability to pay fees still violates the U.S. Constitution; yesterday’s move from the Justice Department doesn’t change that,” said Jessica Feierman, Associate Director of Juvenile Law Center. “We will be advocating in courts across the country to ensure that youth are protected from the harmful and discriminatory impact of inappropriate fines and fees.”

Full list is below:

  1. ATF Procedure 75-4.
  2. Industry Circular 75-10.
  3. ATF Ruling 85-3.
  4. Industry Circular 85-3.
  5. ATF Ruling 2001-1.
  6. ATF Ruling 2004-1.
  7. Southwest Border Prosecution Initiative Guidelines (2013).
  8. Northern Border Prosecution Initiative Guidelines (2013).
  9. Juvenile Accountability Incentive Block Grants Program Guidance Manual (2007).
  10. Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on Levying Fines and Fees on Juveniles (January 2017).
  11. Dear Colleague Letter on Enforcement of Fines and Fees (March 2016).
  12. ADA Myths and Facts (1995).
  13. Common ADA Problems at Newly Constructed Lodging Facilities (November 1999).
  14. Title II Highlights (last updated 2008).
  15. Title III Highlights (last updated 2008).
  16. Commonly Asked Questions About Service Animals in Places of Business (July 1996).
  17. ADA Business Brief: Service Animals (April 2002).
  18. Prior Joint Statement of the Department of Justice and the Department of Housing and Urban Development Group Homes, Local Land Use, and the Fair Housing Act (August 18, 1999).
  19. Letter to Alain Baudry, Esq., with standards for conducting internal audit in a non-discriminatory fashion (December 4, 2009).
  20. Letter to Esmeralda Zendejas on how to determine whether lawful permanent residents are protected against citizenship status discrimination (May 30, 2012).
  21. Common ADA Errors and Omissions in New Construction and Alterations (June 1997).
  22. Common Questions: Readily Achievable Barrier Removal and Design Details: Van Accessible Parking Spaces (August 1996).
  23. Website guidance on bailing-out procedures under section 4(b) and section 5 of the Voting Rights Act (2004).
  24. Americans with Disabilities Act Questions and Answers (May 2002).
  25. Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities (October 31, 2016).

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