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DOJ OIG - Cooperation of SCAAP Recipients in the Removal of Criminal Aliens From the United States (January 2007)

DOJ OIG - Cooperation of SCAAP Recipients in the Removal of Criminal Aliens From the United States (January 2007)

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Published by: J Cox on Nov 17, 2009
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REDACTED – PUBLIC VERSION
C
OOPERATION OF
SCAAP
 
R
ECIPIENTSIN THE
R
EMOVAL OF
C
RIMINAL
A
LIENSFROM THE
U
NITED
S
TATES
 
U.S. Department of JusticeOffice of the Inspector GeneralAudit DivisionAudit Report 07-07January 2007
 
REDACTED – PUBLIC VERSION
 
 
COOPERATION OF SCAAP RECIPIENTS IN THE REMOVAL OFCRIMINAL ALIENS FROM THE UNITED STATES*
 
EXECUTIVE SUMMARY
 
As required by Congress (Public Law 109-162), the United StatesDepartment of Justice (DOJ) Office of the Inspector General (OIG) conductedan audit of the Office of Justice Programs’ (OJP) State Criminal AlienAssistance Program (SCAAP). The congressional mandate required the OIGto provide answers to four questions involving jurisdictions that receiveSCAAP funding:
Whether there are States, or political subdivisions of a State, that havereceived compensation under Section 241(i) of the Immigration andNationality Act (8 U.S.C. 1231(i)) and are not fully cooperating in theDepartment of Homeland Security’s efforts to remove from the UnitedStates undocumented criminal aliens (as defined in paragraph (3) of such section).Whether there are States, or political subdivisions of a State, that havereceived compensation under section 241(1) of the Immigration andNationality Act (8 U.S.C. 1231(i)) and that have in effect a policy thatviolates section 642 of the Illegal Immigration Reform and ImmigrantResponsibility Act of 1996 (8 U.S.C. 1373).The number of criminal offenses that have been committed by aliensunlawfully present in the United States after having been apprehendedby States or local law enforcement officials for a criminal offense andsubsequently being released without being referred to the Departmentof Homeland Security for removal from the United States.The number of [criminal] aliens . . . who were released because theState or political subdivision lacked space or funds for detention of thealien.
1
 SCAAP is a payment program administered by OJP, through itscomponent the Bureau of Justice Assistance (BJA), in conjunction with theImmigration and Customs Enforcement (ICE) bureau within the Department- i –
* The full version of this report included information that the Department of Homeland Security considered to be Law Enforcement Sensitive information. To create thispublic version of the report, the OIG redacted (deleted) the sensitive portions and notedthat the information was redacted.
1
See Appendix II of this report for Public Law No. 109-162, section 1196 (c),(2006).
 
 of Homeland Security (DHS).
2
SCAAP was authorized by the Violent CrimeControl and Law Enforcement Act of 1994 to provide federal assistance tostates and localities for the costs of incarcerating certain criminal aliens whoare in custody based on state or local charges or convictions.
3
In fiscal year(FY) 2005, BJA distributed $287.1 million in SCAAP payments to 752 state,county, and local jurisdictions.
4
 The following table displays the 10 jurisdictions that received thelargest SCAAP payments from the FY 2005 appropriation. Collectively, theyaccounted for nearly 69 percent of the SCAAP payments made from thatappropriation.
TOP TEN SCAAP RECIPIENTS – FY 2005State Jurisdiction Amount
CaliforniaState of California
5
$ 85,953,191New York State of New York 24,022,356Texas State of Texas 18,582,484New York City of New York 15,893,255Florida State of Florida 12,806,110CaliforniaLos Angeles County
6
12,530,034Arizona State of Arizona 12,139,791California Orange County 6,562,437Illinois State of Illinois 4,731,269Massachusetts State of Massachusetts 4,728,549TOTAL $197,949,476Source: Bureau of Justice Assistance (BJA)
Although 752 jurisdictions received SCAAP payments from the FY 2005appropriation, the vast majority of them received relatively small amounts.The following chart summarizes the number of recipients by dollar amount.
2
Prior to creation of the DHS in 2003, the functions currently performed by ICEwere performed by the Immigration and Naturalization Service, which at the time was partof DOJ.
3
Public Law No. 103-322 (1994).
4
FY 2005 is the most recent year for which payment information was available. SeeAppendix III for payment information for FYs 2005 and 2004.
5
When we define a jurisdiction as the “state,” we are referring to the statedepartment of corrections. We are not including all the counties and municipalities withinthe state that may have separately received SCAAP payments.
6
This refers to the Los Angeles County Sheriff’s Department.
- i –

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