New: Immigration Alien Query (IAQ) Instructions and Frequently Asked Questions (FAQ) Updated June 2019
Fiscal Year 2019 SCAAP Application NEW: The Fiscal Year 2019 SCAAP application period has closed. SCAAP participants will be notified of the 2019 award amounts when the awards are completed.
Fiscal Year 2017 SCAAP Awards The FY 2017 SCAAP awards have been released. View the FY 2017 jurisdictions and award amounts.
Overview:BJA administers the State Criminal Alien Assistance Program (SCAAP) in conjunction with the U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least 4 consecutive days during the reporting period.
Use of SCAAP AwardsThe Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only.
LegislationSCAAP is governed by Section 241(i) of the Immigration and Nationality Act, 8 U.S.C. 1231(i), as amended, and Title II, Subtitle C, Section 20301, Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322.
FundingSCAAP payments will be calculated using a formula that provides a relative share of funding to jurisdictions that apply and is based on the number of eligible criminal aliens, as determined by DHS.PaymentsSCAAP payments are calculated simultaneously, with applicants receiving a prorated payment based on the appropriation; costs submitted, and inmates as determined by DHS. All SCAAP payments are made electronically to the applicant's bank account of record identified during the application process. All SCAAP payments must go to the jurisdiction's general fund. Please use the jurisdiction's EIN (tax identification) and vendor number when applying for SCAAP funds.
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U.S. Immigration and Customs Enforcement (ICE): Law Enforcement Support Center (LESC)
U.S. Immigration and Customs Enforcement (ICE): Secure Communities
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Notice to SCAAP Applicants:Applicants for SCAAP funds are required to certify compliance with all applicable Federal laws at the time of application. In that regard, Members of Congress have asked the Department of Justice to examine whether jurisdictions with "sanctuary policies" (i.e., policies that either prevent law enforcement from releasing persons without lawful immigration status into Federal custody for deportation, or that prevent state or local law enforcement from sharing certain information with Department of Homeland Security (DHS) officials) are in violation of 8 U.S.C section 1373. For that reason, all applicants should understand that if OJP receives information that indicates that an applicant may be in violation of 8 U.S.C. section 1373 (or any other applicable federal law) that applicant may be referred to the DOJ Office of Inspector General for investigation; if the applicant is found to be in violation of an applicable federal law by the OIG, the applicant may be subject to criminal and civil penalties, in addition to relevant OJP programmatic penalties, including cancellation of payments, return of funds, participation in the program during the period of ineligibility, or suspension and debarment.
Program Requirements and Application Instructions:
Click here for a Question & Answer (Q&A) document released on October 6, 2016 that outlines updated information relative to the 8 USC, Section 1373 requirements.The new Q&A document is in addition the Q&A document released on July 7, 2016 (see below). Please read both the July 7, 2016 and October 6, 2016 Q&A documents.
Click here for a Question & Answer (Q&A) document released on July 7, 2016 that outlines updated information relative to the 8 USC, Section 1373 requirements.
Update on the Payments for "Unknown" Alien Status Inmate DaysThe Department of Justice (DOJ) will continue the reimbursements for the unknown category of SCAAP inmates for the FY 2015 SCAAP awards. SCAAP grantees are strongly encouraged to work collaboratively with DHS in the following programs in order to increase their inmate alien status verifications. Those programs include:
Update on the Discontinuance of Payments for “Unknown” Alien Status Inmate DaysThe Department of Justice (DOJ) will postpone the elimination of reimbursements for the unknown category of SCAAP inmates for 1 year, which includes the payment of FY 2012 SCAAP awards. The delay of this change will provide a significant opportunity for local governments to work collaboratively with the U.S. Department of Homeland Security (DHS) to improve local processes for detainee identification, in anticipation of discontinuing payments for unknown inmates next year. SCAAP grantees are strongly encouraged to work collaboratively with DHS in the following programs in order to increase their inmate alien status verifications. Those programs include:
FY 2007-2012 SCAAP Use of Funds List:
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