Order Code RL33431
CRS Report for Congress
Received through the CRS Web
Immigration: Frequently Asked Questions on the
State Criminal Alien Assistance Program (SCAAP)
May 23, 2006
Karma Ester
Information Research Specialist
Knowledge Services Group
Congressional Research Service ˜ The Library of Congress

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.
Several bills have been introduced in the 109th Congress to address SCAAP
reauthorization, expanding the program and limiting its availability to border states.
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 appropriation levels at $750
million for FY2006, $850 million for FY2007, and $950 million for
FY2008-FY2011, and stipulating that SCAAP funds may only be used for
correctional purposes. Other bills that would have reauthorized SCAAP include 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/S. 2612) also
contains provisions related to SCAAP and reimbursement for criminal alien costs.
S. 2611/S. 2612 would require the Secretary of the Department of Homeland Security
to reimburse states and localities for costs associated with detaining and processing
undocumented criminal aliens. The covered costs would include indigent defenses,
criminal prosecutions, autopsies, translators and interpreters, and court costs. The
bills would also authorize appropriations for these processing costs at $400 million
for FY2007-FY2012. Additionally, appropriations for compensation under SCAAP
would be authorized at such sums as necessary for FY2007, $750 million for
FY2008, $950 million for FY2009, and $950 million for FY2010-FY2012.
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 Has Been 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 §20301
of the Violent Crime Control and Law Enforcement Act of 1994,1 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 comply
with the conditions of any such status.2
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).

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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 maximumallowable 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.

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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 Has Been 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 stipulating that SCAAP funds
may only be used for correctional purposes.
In addition, P.L. 109-162 requires DOJ’s Inspector General to conduct a study
of “sanctuary cities or states” that have received SCAAP funding. The study is 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, and the number of aliens released due to the states’ or localities’ lack
of detention space or funds. The study is also to include a list of all sanctuary cities
and a copy of any written policy regarding sanctuary. The study is due no later than
January 5, 2007.
Recently, several immigration-related bills containing SCAAP provisions have
been introduced in the Senate. In March 2006, the Senate Judiciary Committee
amended and approved an immigration bill drafted by Committee Chairman Arlen
Specter, which was introduced as S.Amdt. 3192 to S. 2454.3 On April 7, 2006,
Senator Specter with Senators Chuck Hagel and Mel Martinez introduced the
Comprehensive Immigration Reform Act (S. 2611/S. 2612). Floor debate on S. 2611
began on May 15, 2006, while S. 2612 was referred to the Senate Judiciary
Committee.
S. 2611/S. 2612 and S.Amdt. 3192 would require the Secretary of DHS to
reimburse states and localities for costs associated with detaining and processing
3 S. 2454 was introduced by Sen. William Frist on Mar. 16, 2006, and was the subject of
floor debate between Mar. 30 and Apr. 7, 2006. For further information on these and other
immigration related proposals introduced in the Senate, see CRS Report RL33125,
Immigration Legislation and Issues in the 109th Congress, by Andorra Bruno et al.

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undocumented criminal aliens. The covered costs include (1) indigent defense; (2)
criminal prosecution; (3) autopsies; (4) translators and interpreters; and (5) court
costs. In addition, the bills would authorize appropriations for these processing costs
at $400 million for FY2007-FY2012. Additionally, appropriations for compensation
under SCAAP would be authorized at such sums as necessary for FY2007, $750
million for FY2008, $950 million for FY2009, and $950 million for FY2010-
FY2012.
Other bills were introduced that would have reauthorized the SCAAP program.
The SCAAP Reauthorization Act of 2005 (S. 188/H.R. 557) would have reauthorized
SCAAP through FY2011, authorizing funds at such sums as necessary for FY2005,
$750 million for FY2006, $850 million for FY2007, and $950 million for
FY2008-FY2011. S. 188, introduced by Senator Dianne Feinstein, was reported
favorably to the full Senate on March 17, 2005. H.R. 557 was introduced by
Representative Jim Kolbe on February 2, 2005.
On January 4, 2005, Representative Linda Sanchez introduced H.R. 193, which
would amend the criteria for SCAAP eligibility to include not only convicted aliens
but also those charged with a felony or two or more misdemeanors. H.R. 820,
introduced by Representative Peter King on February 15, 2005, would limit the
number of states eligible to receive reimbursement to those states sharing a land
border with Canada or Mexico, or states having one of the five largest populations
of unauthorized immigrants.


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Table 1. SCAAP Awards by State: FY1997-FY2005
State
FY1997
FY1998
FY1999
FY2000
FY2001
FY2002
FY2003
FY2004
FY2005
Total
Alabama
$251,629
$461,016
$450,037
$384,085
$334,040
$317,951
$109,483
$71,952
$58,938
$2,380,193
Alaska
$879,277
$1,420,652
$1,372,640
$265,995
$494,888
$331,460
$1,040
$33,417
$26,553
$4,825,922
Arizona
$14,144,497
$15,119,469 $15,904,509 $18,117,905 $23,814,068 $24,183,895
$9,325,574
$9,083,367
$256,029
$129,949,313
Arkansas
$147,110
$170,828
$173,955
$214,006
$318,863
$392,912
$165,629
$195,972 $14,370,489
$16,149,764
California
$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
Colorado
$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
Connecticut
$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
Delaware
$400,494
$508,690
$491,498
$202,591
$211,983
$228,963
$140,799
$131,263
$132,951
$2,449,232
District of Columbia
$793,088
$1,438,252
$1,389,646
$5,051,620
$780,571
$449,547
$88,517
$44,472
$81,762
$10,117,475
Florida
$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
Georgia
$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
Guam
$0
$0
$201,251
$0
$0
$282,630
$0
$0
$204,042
$687,923
Hawaii
$619,406
$1,366,794
$1,320,602
$693,832
$454,637
$325,683
$125,831
$171,317
$195,595
$5,273,697
Idaho
$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
Illinois
$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
Indiana
$555,569
$605,283
$1,051,917
$717,901
$993,131
$925,170
$428,234
$471,650
$399,860
$6,148,715
Iowa
$671,760
$938,796
$907,068
$852,754
$806,377
$1,640,776
$467,103
$673,314
$477,057
$7,435,005
Kansas
$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
Kentucky
$144,174
$185,970
$248,086
$167,347
$243,779
$195,519
$66,378
$232,297
$236,959
$1,720,509
Louisiana
$802,011
$777,465
$752,585
$742,606
$259,990
$316,449
$136,677
$180,003
$127,453
$4,095,239
Maine
$133,209
$186,215
$179,922
$148,731
$290,227
$266,963
$85,545
$50,676
$69,199
$1,410,687
Maryland
$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
Massachusetts
$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
Michigan
$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
Minnesota
$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
Mississippi
$101,009
$48,820
$47,171
$43,903
$144,936
$199,224
$26,727
$40,160
$25,579
$677,529
Missouri
$821,890
$910,088
$877,317
$830,002
$646,203
$897,654
$386,938
$479,348
$416,546
$6,265,986

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State
FY1997
FY1998
FY1999
FY2000
FY2001
FY2002
FY2003
FY2004
FY2005
Total
Montana
$45,928
$48,651
$47,007
$25,875
$63,184
$43,225
$28,201
$2,792
$11,374
$316,237
Nebraska
$567,651
$882,135
$852,451
$780,215
$1,198,700
$699,769
$755,876
$1,072,982
$976,315
$7,786,094
Nevada
$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
New Hampshire
$458,702
$572,327
$552,985
$351,286
$260,936
$366,323
$159,718
$207,721
$173,978
$3,103,976
New 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
New 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
New 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
North 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
North Dakota
$20,065
$130,531
$126,119
$2,248
$19,069
$26,004
$8,661
$25,345
$36,927
$394,969
Ohio
$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
Oklahoma
$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
Oregon
$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
Pennsylvania
$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
Puerto 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
Rhode Island
$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
South Carolina
$899,664
$1,065,822
$1,029,751
$873,493
$889,885
$963,588
$298,985
$432,428
$408,782
$6,862,398
South Dakota
$40,595
$43,057
$41,602
$81,730
$70,533
$80,294
$52,123
$124,516
$83,214
$617,664
Tennessee
$173,212
$272,677
$265,865
$59,962
$273,331
$293,726
$243,227
$474,948
$451,609
$2,508,557
Texas
$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
Utah
$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
Vermont
$0
$138,631
$133,946
$32,032
$53,792
$40,546
$24,412
$32,118
$14,437
$469,914
Virgin Islands
$541,016
$652,948
$630,881
$0
$620,185
$945,868
$350,908
$408,132
$269,825
$4,419,763
Virginia
$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
Washington
$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
West Virginia
$32,560
$25,016
$24,171
$17,644
$9,343
$16,809
$5,607
$5,824
$6,495
$143,469
Wisconsin
$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
Wyoming
$168,967
$223,382
$215,833
$219,435
$0
$160,919
$108,874
$121,529
$79,074
$1,298,013
Total
$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 $4,104,136,112
Source: CRS representation of SCAAP award data compiled by the Department of Justice, Bureau of Justice Assistance.
Note: Data provided by DOJ does not reconcile differences between appropriations and total awards