Fifty California counties will receive nearly $16.9 million
in State Criminal Alien Assistance Program (SCAAP) awards this
year, with the State of California receiving nearly $50.6
million. California’s combined total represents roughly 37
percent of the $189 million that was made available for SCAAP.
The Bureau of Justice Assistance announce the allocations this
week.
As in previous years, the Department of Justice (DOJ) exercised
its authority to reallocate 10 percent of SCAAP funds to other
departmental activities (the maximum amount allowable under the
law). Although the reprogramming of SCAAP funds has been
criticized by counties and States, DOJ has been authorized by
Congress to shift a certain portion of funds from SCAAP and other
grant programs to other Agency purposes, including various
administrative activities.
All told, Congress appropriated more money for SCAAP in FY 16
than in FY 15 ($210 million versus $185 million).
While additional funding is a positive development, it is
important to understand that DOJ is requiring in future years
that SCAAP applicants certify compliance with all applicable
federal laws at the time they apply for funds. The Department is
doing this for the Byrne/JAG program as well, as noted in the
FAQs posted on OJP’s website earlier this month
https://www.bja.gov/funding/Additional-BJA-Guidance-on-Section-1373-October-6-2016.pdf.
This means that grantees need to certify that they are complying
with, among other things, 8 USC Section 1373, which is a
“sanctuary city” statute.
It should be noted that DOJ has not previously enforced this
section of the U.S. Code; however, after some prodding by members
of Congress, the Department announced that they will begin to
require jurisdictions to certify compliance. Section 1373 does
not impose on jurisdictions an affirmative obligation to
collect information from individuals regarding their immigration
status. Rather, the statute bars government entities/officials
from taking action to prohibit or in any way restrict the
maintenance or intergovernmental exchange of such information
(including through written or unwritten policies or practice).
While California does have the TRUST Act, it appears only one
county in the state (San Francisco) could be impacted by this
provision.
Since these new compliance requirements are not part of the 2016
funding, counties/grantees have an additional year to review
policies to determine compliance/non-compliance.
To view the breakdown of each State/County’s SCAAP allocation
please click here.
