Mesa, AZ Mayor Scott Smith
(Photo: Matt York, AP)
WASHINGTON — A massive 2014 federal spending bill passed this week by Congress would cut nearly $60 million — or about 25% — from a federal program that reimburses states and local governments for the cost of incarcerating undocumented immigrants convicted of crimes.
Local and state taxpayers will have to pick up a bigger share of the tab as Congress moves to reduce the annual funding of the State Criminal Alien Assistance Program (SCAAP) from $238 million to $180 million in 2014.
Erin Kelly, Gannett Washington Bureau 6:57 p.m. EST January 16, 2014
Among the states that would be hit hardest are Arizona, California, Florida, New Jersey, New York and Texas, which have high numbers of undocumented immigrant criminals serving time in state prisons and county jails.
"This is already a burden for state and local law enforcement and county budgets, and this latest cut just makes things worse," said Matt Chase, executive director of the National Association of Counties. "Our view is that it's the federal government's role to take care of illegal immigration. They're supposed to protect the borders but they've failed and local law enforcement is paying for the consequences of undocumented aliens being in the country."
SCAAP reimburses states and local governments for the cost of incarcerating undocumented immigrants who have been convicted of felonies or at least two misdemeanor offenses and have been jailed for a minimum of four consecutive days.
The program is being cut as part of a huge omnibus spending bill that passed the House on Wednesday and the Senate on Thursday. The bill is designed to fund federal agencies and programs through September and prevent another government shutdown.
Cutting the federal SCAAP program gives members of Congress a chance to say they are reducing the federal budget when all they are doing is shifting the cost to local taxpayers, said Los Angeles County Supervisor Don Knabe.
"We have no choice but to pick up the tab," Knabe said. "We can't stop putting convicted criminals in jail. They can talk all they want in Washington about how they're cutting the budget. But they're doing it on the back of local government."
Even before this latest cut, the federal government was only reimbursing states and local governments for about 15% to 18% of their costs for incarcerating undocumented immigrants convicted of crimes.
"Arizona has never been fully reimbursed for our costs, so this is like rubbing salt in the wound," said Mesa, Ariz., Mayor Scott Smith, who is president of the U.S. Conference of Mayors. "It's another example of a federal mandate that is going unfunded. It's just unconscionable that the federal government puts us in this position."
Susan Frederick, senior federal affairs counsel for the National Conference of State Legislatures, said she and other advocates for full funding for SCAAP reached out to members of Congress but were largely rebuffed.
"The way they've rationalized it is by saying they just don't have enough money to go around and that this program is no more or less important than other programs that are being cut," she said. "But states are doing everyone a favor by keeping convicted criminals off the streets and keeping our communities safe. They're supposed to get reimbursed for those efforts."
The State Criminal Alien Assistance Program was originally authorized by the Immigration Reform and Control Act of 1986. However, the program was not actually funded until the Violent Crime Control and Law Enforcement Act of 1994.
The program has never reimbursed states and local governments for all of their costs. Funding rose to a high of $565 million in 2002 and then dropped to $400 million for several years before being cut down to $238 million in 2013.
State and local officials say they believe that Congress might consider raising reimbursement rates if the House takes up immigration reform this year.
A sweeping immigration reform bill passed by the Senate last June included an amendment by Sen. Dianne Feinstein, D-Calif., to increase funding for the program. The amendment was supported by some Republicans from border states.
The House has not yet taken up the issue, but Republican leaders plan to announce guidelines for immigration reform legislation this month.
"If immigration reform ever gets back on track, we might get some relief," Chase said.
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