Washington, DC – U.S. Senators Dianne Feinstein and Barbara Boxer (both D-Calif.) and Jon Kyl and John McCain (both R-Ariz.) today urged President Obama to reimburse state and local governments for the costs of incarcerating criminal aliens.

In a letter to President Obama, the Senators requested that the State Criminal Alien Assistance Program in the President’s Fiscal Year 2011 Budget be funded at the full authorizing level of $950 million.

The State Criminal Alien Assistance Program (SCAAP) provides essential reimbursement payments to states, counties and localities for the millions of dollars they spend each year incarcerating criminal aliens.   The program has been consistently underfunded for the past eight years.  When the Federal Government does not reimburse states and localities for the cost of incarcerating criminal aliens, critical public safety services suffer.

This year, California is expected to spend $945 million incarcerating the state’s criminal alien inmates, but anticipates receiving only $111 million in federal reimbursements through SCAAP.  Similarly, last year, Arizona only received $12,806,731 to reimburse its statewide criminal alien incarceration cost of $339,590,086.  This reimbursement accounted for less than 4 percent of the total bill.

Following is the text of the letter from Senators Feinstein, Kyl, Boxer, and McCain to President Obama:

October 29, 2009

President Barack H. Obama
The White House
1600 Pennsylvania Avenue
Washington, D.C. 20500

Dear Mr. President:

We are writing to request that you include the State Criminal Alien Assistance Program (SCAAP) in your Fiscal Year 2011 Budget at the full authorizing level of $950 million.

SCAAP provides essential reimbursement payments to states, counties, and localities for the millions of dollars spent every year incarcerating criminal aliens.  In 2009, undocumented aliens are expected to comprise 11 percent of the inmates in California’s state prison system.  The California State Government will spend an estimated $945 million incarcerating these individuals, but they anticipate receiving only $111 million in reimbursement funding through SCAAP.  California will therefore be reimbursed for less than 12 percent of its actual costs to incarcerate illegal criminal aliens for 2009.  Similarly, last year, Arizona only received $12,806,731 to reimburse its state-wide criminal alien incarceration cost of $339,590,086.  This reimbursement accounts for less than 4 percent of the total cost.

Moreover, our counties are stretched thin because they are not being reimbursed for the actual costs of incarcerating criminal aliens.  For example, in California, Placer and Yuba Counties received less than 5 percent of their approximate costs for 2009.  In Arizona, Yuma County only received a 6 percent reimbursement for a total incarceration cost of $2.5 million.

When the Federal Government does not reimburse states and localities for the cost of incarcerating criminal aliens, critical public safety services suffer.  This year, for instance, the California State Department of Corrections saw their funding through SCAAP drop by $6 million while the overall share to the State and local governments in California dropped by $2.5 million.  California has also implemented a new policy to discharge from parole the approximately 12,000 criminal aliens who have served their full prison sentences and have been deported.  Imprisoning those individuals who illegally return to California has proven too costly.

American communities cannot afford for their public safety services to crumble under the weight of our immigration policies – which are a federal responsibility.  Therefore, we ask that you include SCAAP at the full authorizing level of $950 million in your Fiscal Year 2011 Budget.  We appreciate your consideration of these views.

                                                Sincerely yours,

Dianne Feinstein                                                    Jon Kyl
United States Senator                                           United States Senator

Barbara Boxer                                                       John McCain
United States Senator                                           United States Senator