Thread: Arizona governor demands pay for jail costs

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Governor demands pay for jail costs
CHRIS DABOVICH
News-Sun

While the nation watches Cochise County as the Minuteman Project continues at the border this week, Gov. Janet Napolitano has been keeping track of a running tab she says is owed the state by the federal government for "housing criminal aliens."

The governor addressed the $196.6 million invoice to Attorney Gen. Hon. Alberto R. Gonzales.

"I am disappointed not to have heard from you personally in response to my February 3, 2005 letter regarding the State Criminal Alien Assistance Program," starts Napolitano's letter. "This is an enormously important issue to taxpayers in Arizona and other states that house large numbers of criminal aliens, and it warrants your prompt and personal attention," states the March 23 letter.

In February, Napolitano sent a letter to Gonzales, who had been newly appointed to his post, which also included an invoice for $118 million. The latest letter also includes a late fee.

"As I indicated in my February 3, 2005 letter, Arizona will continue to submit invoices to the Department until this issue is satisfactorily resolved," Napolitano said. She wants to meet with the Attorney General noting, "I recognize that as you transition to your new position, your time demands are especially acute. I am prepared to fly to Washington to meet with you at another time of your inconvenience."

The governor's bill covers 2003, 04 and a portion of 05.

Under the federal State Criminal Alien Assistance Program (SCAAP) law, created in 1990 by the Immigration and Nationality Act of 1990, the federal government is to reimburse states for the cost of jailing someone who crosses the border illegally, then commits a crime in the U.S.

That cost is estimated to be $53.44 per day per inmate.

"Arizona taxpayers carry an enormous burden for the federal government's lack of operational control of the border," said Napolitano. "I will not give up. The federal government must live up to its obligations and either reimburse Arizona, or take these inmates off our hands," she said in a written release.

The invoice states Arizona is owed $53,639,972 so far for fiscal year 2005; $77,320.198 for fiscal year 2004, and $476,670 stemming from a 1.81 percent interest from Oct. 1 to Feb. 28 for interest on "past due amounts."

On Feb. 1, U.S. Senator Jon Kyl, R-Ariz., introduced legislation that would reimburse state and local authorities for costs for jailing illegal border crossers.

"Since 1997 Arizona has received a total of $129,693,224 in SCAAP reimbursement, but nationally, funding has fallen in recent years. For fiscal year 2005 $305 million has been allocated, down $50 million from 2004 and $323 million from 2000. Last year Pima County received $748,000 and Cochise County $134,000, said Kyl, in announcing the legislation."

"Undeniably, the federal government should be reimbursing affected states for the costs of its failure to resolve what is clearly a federal issue. But we're also talking about straightforward public safety here: there should be no chance that felons be released because states can't afford to keep them in jail," said Kyl.

Ron Hager, commander at Cochise County Jail in Bisbee, said there were 325 such inmates in 2003, which equalled 20,470 "man days," used to formulate costs. He said the U.S. Border Patrol physically determines prisoners' immigration status once they're jailed at the facility.

Hager said the cost in 2003 was $1.7 million for which the county received only $133,904, significantly less then the incurred costs.

Hager said it costs Cochise County $101.78 for the first day of a prisoner's incarceration and $49.21 each day after.

Cochise County submitted its application in March to the Department of Justice, hoping to recoop $533,633 it cost for housing 322 undocumented prisoners last fiscal year.

"The reality of it is that we're lucky that local jails even receive a portion of the pie which has only taken place within the last five years.

"Before that, local jails weren't even able to apply. Cochise County was one of the first jails to work and get an application into SCAAP so we could get reimbursed," said Hager.

Cochise County Sheriff Larry Dever has long maintained that if the federal government had lived up to its obligations along the U.S.-Mexico border, there would be no need for SCAAP funding or laws.

Perhaps she should truck them to Washington and dump them on the capitol steps. Alternatively, send the trucks further north and dump them in the New York Times headquarters lobby. Or as a last resort, do what Mexico did, simply herd them across the northern border.

Originally Posted by Tom2

Perhaps she should truck them to Washington and dump them on the capitol steps. Alternatively, send the trucks further north and dump them in the New York Times headquarters lobby. Or as a last resort, do what Mexico did, simply herd them across the northern border.

Dump them in Crawford. That would send a strong message!

Sorry to disagree but I'm from Texas too. We've already got several million of our own. Further north, if you please. Not in my back yard.

Originally Posted by Tom2

Sorry to disagree but I'm from Texas too. We've already got several million of our own. Further north, if you please. Not in my back yard.

I understand and concur about not dumping them in our backyard but I thought if they were dumped in Crawford that the response/deportation would be "swuft!"