Cooperation of SCAAP Recipients in the Removal of Criminal Aliens from the United States (Redacted)
Audit Report 07-07
Office of the Inspector General
In Public Law 109-162, Congress directed us to “perform a study, and report to the Committee on the Judiciary of the United States House of Representatives and the Committee on the Judiciary of the United States Senate” on four questions regarding SCAAP. The objective of our audit was to respond to those questions by determining:
(1) Whether there are States, or political subdivisions of a State, that have received compensation under Section 241(i) of the Immigration and Nationality Act (8 U.S.C. § 1231(i)) and are not fully cooperating in the Department of Homeland Security’s efforts to remove from the United States undocumented criminal aliens (as defined in paragraph (3) of such section.
(2) Whether there are States, or political subdivisions of a State, that have received compensation under section 241(1) of the Immigration and Nationality Act (8U.S.C. § 1231(i)) and that have in effect a policy that violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.§ 1373).
(3) The number of criminal offenses that have been committed by aliens unlawfully present in the United States after having been apprehended by States of local law enforcement officials for a criminal offense and subsequently being released without being referred to the Department of Homeland Security for removal from the United States.
(4) The number of [criminal] aliens... who were released because the State or political subdivision lacked space or funds for detention of the alien.
We conducted our audit in accordance with the Government Auditing Standards and, accordingly, included such tests of records and procedures as we considered necessary to respond to the congressional mandate. The scope of our work generally covered the state, county, and local law enforcement agencies that received SCAAP funding from the FY 2004 and FY 2005 appropriations.
Our methodology included interviews with officials, distribution of an OIG-developed questionnaire, review of files, queries of automated systems and other research. We interviewed BJA and ICE officials at their respective headquarters in Washington, D.C. In addition, we:
analyzed BJA records relating to the recipients of SCAAP funding;
submitted a questionnaire to 164 selected recipients of SCAAP funding;
researched other relevant information, especially relating to localities that have designated themselves as sanctuary cities;
performed field work, including interviews and file reviews at the offices of SCAAP recipients in Austin, Texas; Chicago, Illinois; Las Vegas, Nevada; New York, New York; Sacramento, California; Salem, Oregon; and San Francisco, California;
interviewed local ICE officials whose area of responsibility covered the jurisdictions mentioned above; and
arranged for the Federal Bureau of Investigation to query the National Crime Information Center database using SCAAP data sets in an effort to identify repeat arrests of criminal aliens.
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