Immigration: Frequently Asked Questions on the State Criminal Alien Assistance Program (SCAAP)

Immigration: Frequently Asked Questions on the
State Criminal Alien Assistance Program (SCAAP)
Updated October 17, 2007
Karma Ester
Information Research Specialist
Knowledge Services Group



Immigration: Frequently Asked Questions on the State
Criminal Alien Assistance Program (SCAAP)
Summary
The State Criminal Alien Assistance Program (SCAAP) is a formula grant
program that provides financial assistance to states and localities for correctional
officer salary costs incurred for incarcerating “undocumented criminal aliens.”
Currently, SCAAP funds do not cover all of the costs for incarcerating immigrants
or foreign nationals. The program is administered by the Office of Justice Programs’
Bureau of Justice Assistance, which is located in the Department of Justice, in
conjunction with the Department of Homeland Security. Between FY1997 and
FY2005, a total of approximately $4.1 billion has been distributed to states in
SCAAP funding.
On January 5, 2006, the President signed the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (P.L. 109-162), which
reauthorized SCAAP through FY2011, authorized appropriation levels at $750
million for FY2006, $850 million for FY2007, and $950 million for
FY2008-FY2011, and stipulated that SCAAP funds could only be used for
correctional purposes. Additionally, several bills were introduced in the 109th
Congress to address SCAAP reauthorization, expand the program and limit its
availability to border states. Other bills that would have reauthorized SCAAP
included S. 188, H.R. 557, and H.R. 820. Notably, H.R. 820 would have limited
SCAAP funding to northern and southern border states and those states having one
of the five largest populations of unauthorized immigrants.
The Comprehensive Immigration Reform Act of 2006 (S. 2611) also contained
provisions related to SCAAP and reimbursement for criminal alien costs. S. 2611
as passed by the Senate, would have required the Secretary of the Department of
Homeland Security to reimburse states and localities for costs associated with
detaining and processing undocumented criminal aliens, and authorized
appropriations for the program.
This report will be updated as warranted by legislative, funding, or policy
developments.



Contents
What Is SCAAP?..............................................1
Who Is Eligible to Receive SCAAP Payments?......................1
What Are the Award Criteria?....................................2
What Is the Funding Level for SCAAP?............................2
How Much Money Have the States Received in SCAAP Awards?.......3
What Legislation Was Introduced During the 109th Congress?...........3
List of Tables
Table 1. SCAAP Awards by State: FY1997-FY2005......................5



Immigration: Frequently Asked Questions on
the State Criminal Alien Assistance Program
(SCAAP)
What Is SCAAP?
The State Criminal Alien Assistance Program (SCAAP) was created by §203011
of the Violent Crime Control and Law Enforcement Act of 1994, and is currently
codified in §241(I) of the Immigration and Nationality Act (INA). The program is
administered by the Bureau of Justice Assistance (BJA), which is part of the
Department of Justice’s (DOJ) Office of Justice Programs (OJP). The Department
of Homeland Security (DHS) aids BJA in administering the program. SCAAP is
designed to reimburse states and localities for correctional officers’ salary costs
incurred for incarcerating “undocumented criminal aliens.” The Immigration and
Nationality Act defines the term “undocumented criminal alien” in the context of
SCAAP to mean an alien who
(3)(A) has been convicted of a felony or two or more misdemeanors; and
(I) entered the United States without inspection or at any time or
place other than as designated by the Attorney General;
(ii) was the subject of exclusion or deportation proceedings at the
time he or she was taken into custody by the State or a political
subdivision of the State; or
(iii) was admitted as a nonimmigrant and at the time he or she was
taken into custody by the State or a political subdivision of the State
has failed to maintain the nonimmigrant status in which the alien was
admitted or to which it was changed under Section 248, or to comply2
with the conditions of any such status.
Who Is Eligible to Receive SCAAP Payments?
Any state or locality that incurred costs for incarcerating “undocumented
criminal aliens” is eligible to apply for SCAAP funding. Currently, this includes all
50 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and
more than 3,000 counties and cities. In order for states and localities to qualify for
SCAAP reimbursement, aliens under their jurisdiction must have at least one felony
or two misdemeanor convictions under state or local law and be incarcerated for at
least four consecutive days.
Although the program is intended to compensate states and localities for
correctional officers’ salary costs, funds provided through SCAAP payments until


1 P.L. 103-322.
2 8 U.S.C. §1231(i)(3).

recently have been unrestricted and could be used for any lawful purpose. In some
instances, SCAAP funds were used for projects such as interoperable
communications systems, inmate medical care, and construction. In many instances,
funds were used for the jurisdiction’s criminal justice system or jails.
What Are the Award Criteria?
The criteria for the amount of SCAAP funds received have evolved over time.
Prior to FY2003, the criteria were based on factors such as average cost per inmate
multiplied by the number of eligible inmates and the total number of foreign-born
inmates claimed. In many cases, this resulted in reimbursement for ineligible aliens
such as naturalized citizens and legal permanent residents (LPRs). The formula is
determined administratively by DOJ. In FY2005, the SCAAP reimbursement
formula was determined through a multi-step process, as follows:
!DOJ determined a per diem rate per inmate using a combination of
correctional officers’ annual salary costs and the total number of all
inmate days. The average inmate per diem for FY2005 was $29.98;
!Immigration and Customs Enforcement (ICE) in DHS analyzed
applicant inmate records submitted by the applicants, and provided
BJA with a report reflecting the number of eligible, ineligible,
unknown, and invalid inmates;
!The number of inmate days and a percentage of unknown days were
totaled, then multiplied by the applicant’s per diem rate. The
percentage used for unknown dates was determined by a sliding
scale developed by ICE. This scale gave credit to each jurisdiction
by type. Cities were credited at 60%, states at 65%, and counties at
80% of their unknown inmate days. The result was considered the
correctional officers’ salary costs for the reporting period;
!The value of each applicant’s correctional officers’ salary costs
associated with its eligible and credited unknown inmate days were
totaled. This value reflected the maximum allowable reimbursement;
and
!Finally, the values were compared with the annual appropriation and
a percentage factor was developed. The percentage factor was
applied uniformly to all jurisdictions. The reimbursement factor for
FY2005 SCAAP awards was approximately 33%.
What Is the Funding Level for SCAAP?
Funding for SCAAP has been appropriated by Congress annually since 1995.
Levels of funding for the program have fluctuated from $400 million in FY2001,
$250 million in FY2003, to $405 million in FY2006. As in previous years, the
Administration’s FY2007 budget did not request funding for this program.



How Much Money Have the States Received in SCAAP
Awards?
From FY1997 to FY2005, SCAAP reimbursements totaled approximately $4.1
billion. As Table 1 illustrates, California historically has received the largest annual
awards, having received over $1.7 billion since the program’s inception. Arizona,
Illinois, New York, and Texas have consistently received larger awards as well, with
smaller awards going to states such as Alaska, Mississippi, North Dakota, and the
U.S. territories.
What Legislation Was Introduced During the 109th Congress?
Authorization for SCAAP expired in October 2004, and several bills were
introduced to reauthorize SCAAP and provide funding through FY2011. On
November 22, 2005, the President signed the Science, State, Justice, Commerce and
other Related Agencies Appropriations Act of 2006 (P.L. 109-108), which
appropriated $405 million for FY2006 SCAAP funding. Then on January 5, 2006,
the President signed the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (P.L. 109-162), which reauthorized SCAAP through
FY2011, authorizing appropriations at $750 million for FY2006, $850 million for
FY2007, and $950 million for FY2008-FY2011, and stipulated that SCAAP funds
be used for correctional purposes only.
In addition, P.L. 109-162 required DOJ’s Inspector General to conduct a study
of SCAAP award recipients to ascertain whether there were states or political
subdivisions of states that were not fully cooperating with the Department of
Homeland Security’s efforts to remove undocumented criminal aliens, and whether
there were states or political subdivisions of states that had received SCAAP
compensation while having policies if effect that violated § 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Section
642(a) of IIRAIRA states that “notwithstanding any other provision of Federal, State
or local law, a Federal, State or local government entity or official may not prohibit,
or in any way restrict, any government entity or official from sending to, or receiving
from, the Immigration and Naturalization Service information regarding the
citizenship or immigration status, lawful or unlawful, of any individual.”3 The study
was also to determine the number of criminal offenses committed by aliens who have
been released by states and localities without being referred to DHS for removal from
the United States, the number of aliens released because of the states’ or localities’
lack of detention space or funds, and a list of states or political subdivisions with
policies in violation of IIRIRA § 642(a), and a copies of these policies.4
Section 218 of S. 2611, as passed by the Senate would have amended SCAAP
to include reimbursement for costs associated with detaining and processing aliens


3 P.L. 104-208 §642 (a).
4 In January 2007, DOJ’s Inspector General released the report entitled Cooperation of
SCAAP Recipients In The Removal of Criminal Aliens From the United States as required
by P. L. 109-162, See [http://www.usdoj.gov/oig/reports/OJP/a0707/final.pdf ].

for participating states and localities. The covered costs would have included
indigent defense; criminal prosecutions; autopsies; translators and interpreters ; and
court costs. Appropriations for these costs would have been authorized at $400
million for each fiscal year from FY2007 to FY2012, and appropriations for SCAAP
would have been authorized at escalating levels through FY2012.
Other bills that would have made changes to SCAAP similar to those in S. 2611
included S. 188/H.R. 557, H.R. 193 and H.R. 820. These bills would have made
changes to the program similar to S. 2611. H.R. 193 would have also expanded
SCAAP to include not only convicted aliens, but aliens charged with a felony or two
misdemeanors. H.R. 820 would have amended SCAAP to limit reimbursement to
states sharing a border with Canada or Mexico, or states having larger populations
of unauthorized aliens. It is unclear at this time if legislation pertaining to SCAAP
will be introduced in the 110th Congress.



CRS-5
Table 1. SCAAP Awards by State: FY1997-FY2005
State FY1997 FY1998 FY1999 FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 To tal
a $251,629 $461,016 $450,037 $384,085 $334,040 $317,951 $109,483 $71,952 $58,938 $2,439,131
ka $879,277 $1,420,652 $1,372,640 $265,995 $494,888 $331,460 $1,040 $33,417 $26,553 $4,825,922
ona $14,144,497 $15,119,469 $15,904,509 $18,117,905 $23,814,068 $24,183,895 $9,325,574 $9,083,367 $14,370,489 $144,063,773
ansas $147,110 $170,828 $173,955 $214,006 $318,863 $392,912 $165,629 $195,972 $256,029 $2,035,304
ifornia $223,375,340 $244,405,706 $237,970,184 $240,784,042 $225,683,084 $220,241,046 $95,304,541 $111,899,215 $121,110,638 $1,720,773,796
o rado $3,974,019 $8,830,452 $9,072,084 $7,933,462 $8,246,560 $11,191,319 $4,394,361 $5,791,648 $5,009,986 $64,443,891
necticut $2,446,619 $3,183,654 $3,076,060 $2,237,030 $1,778,579 $1,590,639 $802,045 $900,356 $779,697 $16,794,679
iki/CRS-RL33431aware $400,494 $508,690 $491,498 $202,591 $211,983 $228,963 $140,799 $131,263 $132,951 $2,449,232f
g/wumb ia $793,088 $1,438,252 $1,389,646 $5,051,620 $780,571 $449,547 $88,517 $44,472 $81,762 $10,117,475
s.ord a $20,404,126 $22,424,476 $21,674,445 $30,279,180 $28,623,740 $27,956,315 $11,188,630 $14,267,545 $15,455,194 $192,273,651
leak
ia $3,356,465 $4,178,256 $4,037,051 $3,429,152 $3,400,246 $4,199,593 $1,833,595 $2,191,187 $1,861,952 $28,487,497
://wiki$0 $0 $201,251 $0 $0 $282,630 $0 $0 $204,042 $687,923
httpaii $619,406 $1,366,794 $1,320,602 $693,832 $454,637 $325,683 $125,831 $171,317 $195,595 $5,273,697
o $751,046 $1,282,869 $1,254,301 $910,736 $1, 138,652 $1,254,382 $604,530 $699,690 $607,237 $8,503,443
ois $8,931,548 $14,568,149 $14,075,811 $9,811,412 $14,396,351 $15,788,246 $5,476,520 $3,338,261 $7,539,603 $93,925,901
ana $555,569 $605,283 $1,051,917 $717,901 $993,131 $925,170 $428,234 $471,650 $399,860 $6,148,715
a $671,760 $938,796 $907,068 $852,754 $806,377 $1,640,776 $467,103 $673,314 $477,057 $7,435,005
sas $793,371 $1,311,101 $1,266,792 $1,618,764 $1,329,405 $1,559,101 $624,943 $757,840 $630,531 $9,891,848
tucky $144,174 $185,970 $248,086 $167,347 $243,779 $195,519 $66,378 $232,297 $236,959 $1,720,509
isiana $802,011 $777,465 $752,585 $742,606 $259,990 $316,449 $136,677 $180,003 $127,453 $4,095,239
ne $133,209 $186,215 $179,922 $148,731 $290,227 $266,963 $85,545 $50,676 $69,199 $1,410,687
land $2,774,657 $3,205,339 $3,098,374 $1,101,344 $2,554,163 $2,878,552 $2,071,715 $2,597,252 $2,090,970 $22,372,366
sachusetts $10,105,699 $25,770,257 $25,909,882 $14,921,272 $10,548,800 $13,121,495 $7,949,202 $6,991,154 $7,237,615 $122,555,376



CRS-6
State FY1997 FY1998 FY1999 FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 To tal
igan $2,182,632 $3,999,411 $3,866,284 $2,922,627 $2, 536,786 $2,900,950 $1,209,417 $1,719,837 $1,325,797 $22,663,741
neso ta $1,547,690 $2,351,008 $2,297,111 $2,607,523 $1,524,930 $1,835,712 $1,465,361 $1,782,759 $1,327,202 $16,739,296
sissippi $101,009 $48,820 $47,171 $43,903 $144,936 $199,224 $26,727 $40,160 $25,579 $677,529
so uri $821,890 $910,088 $877,317 $830,002 $646,203 $897,654 $386,938 $479,348 $416,546 $6,265,986
tana $45,928 $48,651 $47,007 $25,875 $63,184 $43,225 $28,201 $2,792 $11,374 $316,237
ka $567,651 $882,135 $852,451 $780,215 $1,198,700 $699,769 $755,876 $1,072,982 $976,315 $7,786,094
ada $2,889,636 $3,834,425 $3,704,838 $1,909,146 $4,543,847 $4,333,739 $2,761,068 $3,591,704 $4,363,186 $31,931,589
Hampshire$458,702$572,327$552,985$351,286$260,936$366,323$159,718$207,721$173,978$3,103,976
Jersey$11,029,863$12,364,126$12,940,717$15,440,674$11,749,542$10,944,836$5,507,306$7,901,622$6,236,118$94,114,804
Mexico$2,455,551$1,031,316$1,083,414$1,318,315$1,672,821$2,331,916$1,482,546$678,399$1,086,188$13,140,466
iki/CRS-RL33431 York$94,486,422$96,418,950$93,166,922$114,278,560$94,768,921$97,164,970$43,799,041$56,995,435$42,814,813$733,894,034
g/wh Carolina$2,471,153$3,890,768$3,758,622$665,120$3,611,314$5,262,180$2,552,349$3,673,894$3,725,191$29,610,591
s.orh Dakota$20,065$130,531$126,119$2,248$19,069$26,004$8,661$25,345$36,927$394,969
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o $955,171 $1,373,575 $1,343,947 $1,475,550 $939,853 $1,211,474 $688,865 $868,204 $747,959 $9,604,598
://wikiaho ma $1,208,839 $1,417,121 $1,369,229 $1,225,790 $1,525,286 $1,020,718 $799,797 $819,995 $748,673 $10,135,448
httpon $5,315,574 $7,906,663 $7,629,422 $4,972,603 $6,814,968 $6,528,641 $3,182,206 $1,341,763 $4,474,199 $48,166,039
nsylvania $5,974,561 $5,252,832 $5,151,511 $4,306,272 $2,273,565 $2,683,207 $1,266,741 $1,693,912 $1,400,056 $30,002,657
o Rico$407,718$1,265,548$1,222,778$1,250,510$632,034$683,254$374,631$158,903$319,429$6,314,805
land $1,195,698 $1,497,608 $1,446,996 $1,649,030 $3,216,989 $1,794,449 $614,869 $760,584 $863,995 $13,040,218
th Carolina$899,664$1,065,822$1,029,751$873,493$889,885$963,588$298,985$432,428$408,782$6,862,398
th Dakota$40,595$43,057$41,602$81,730$70,533$80,294$52,123$124,516$83,214$617,664
nessee $173,212 $272,677 $265,865 $59,962 $273,331 $293,726 $243,227 $474,948 $451,609 $2,508,557
as $39,448,874 $53,078,110 $58,941,600 $57,262,334 $45,270,617 $51,677,007 $20,950,723 $24,740,836 $26,453,985 $377,824,086
$2,550,417 $3,935,700 $3,802,690 $2,713,913 $2,188,992 $2,256,785 $1,124,101 $1,385,961 $1,288,270 $21,246,829
ont $ 0 $138,631 $133,946 $32,032 $53,792 $40,546 $24,412 $32,118 $14,437 $469,914
in Islands$541,016$652,948$630,881$0$620,185$945,868$350,908$408,132$269,825$4,419,763



CRS-7
State FY1997 FY1998 FY1999 FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 To tal
inia $4,007,805 $1,414,662 $3,455,717 $6,099,707 $5,328,910 $6,487,119 $1,770,301 $2,793,365 $2,615,423 $33,973,009
hington $11,523,873 $14,435,106 $14, 478,854 $5,576,121 $13,679,341 $8,173,908 $3,627,398 $4,300,435 $3,548,103 $79,343,139
t Virginia$32,560$25,016$24,171$17,644$9,343$16,809$5,607$5,824$6,495$143,469
consin $2,059,850 $2,591,571 $2,537,347 $3,672,572 $3,422,914 $3,508,625 $2,982,127 $2,194,993 $1,890,073 $24,860,072
oming $168,967 $223,382 $215,833 $219,435 $0 $160,919 $108,874 $121,529 $79,074 $1,298,013
al $492,037,700 $575,412,274 $572,921,798 $573,249,959 $536,653,861 $545,172,045 $239,999,996 $281,604,292 $287,143,125 $4,104,195,050
CRS representation of SCAAP award data compiled by the Department of Justice, Bureau of Justice Assistance.
Data provided by DOJ does not reconcile differences between appropriations and total awards.


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