Information on Criminal Aliens Incarcerated in Federal and State Prisons and Local Jails
Gao ID: GAO-05-337R April 7, 2005When the United States incarcerates criminal aliens--noncitizens convicted of crimes while in this country legally or illegally--in federal and state prisons and local jails, the federal government bears much of the costs. It pays to incarcerate criminal aliens in federal prisons and reimburses state and local governments for a portion of their costs of incarcerating some, but not all, criminal aliens illegally in the country through the Department of Justice's State Criminal Alien Assistance Program (SCAAP) managed by the Bureau of Justice Assistance (BJA). Some state and local governments have expressed concerns about the impact that criminal aliens have on already overcrowded prisons and jails and that the federal government reimburses them for only a portion of their costs of incarcerating criminal aliens. Congress requested that we provide information concerning criminal aliens incarcerated at the federal, state, and local level. For the criminal aliens incarcerated in federal prisons, and for criminal aliens for which state and local governments received reimbursement through SCAAP, this report addresses the following questions: (1) For recent years, how many criminal aliens were incarcerated? (2) What is the country of citizenship or country of birth of these criminal alien inmates? and (3) What are the estimated costs of incarcerating criminal aliens?
At the federal level, the number of criminal aliens incarcerated increased from about 42,000 at the end of calendar year 2001 to about 49,000 at the end of calendar year 2004--a 15 percent increase. The percentage of all federal prisoners who are criminal aliens has remained the same over the last 3 years--about 27 percent. The majority of criminal aliens incarcerated at the end of calendar year 2004 were identified as citizens of Mexico. We estimate the federal cost of incarcerating criminal aliens--BOP's cost to incarcerate criminals and reimbursements to state and local governments under SCAAP--totaled approximately $5.8 billion for calendar years 2001 through 2004. BOP's cost to incarcerate criminal aliens rose from about $950 million in 2001 to about $1.2 billion in 2004--a 14 percent increase. Federal reimbursements for incarcerating criminal aliens in state prisons and local jails declined from $550 million in 2001 to $280 million in 2004, in a large part due to a reduction in congressional appropriations. At the state level, the 50 states received reimbursement for incarcerating about 77,000 criminal aliens in fiscal year 2002 and 47 states received reimbursement for incarcerating about 74,000 in fiscal year 2003. For the 5 states incarcerating about 80 percent of these criminal aliens in fiscal year 2003, about 68 percent incarcerated in midyear 2004 reported that the country of citizenship or country of birth as Mexico, the Dominican Republic, or Cuba. We estimate that 4 of these 5 states spent about $1.6 billion to incarcerate criminal aliens reimbursed through SCAAP during fiscal years 2002 and 2003. We estimate that the federal government reimbursed these four states about 25 percent or less of the estimated cost to incarcerate these criminal aliens in fiscal years 2002 and 2003. At the local level, in fiscal year 2002, SCAAP reimbursed about 750 local governments for incarcerating about 138,000 criminal aliens. In fiscal year 2003, SCAAP reimbursed about 700 local governments for about 147,000 criminal aliens, with 5 local jail systems accounting for about 30 percent of these criminal aliens. The 147,000 criminal aliens incarcerated during fiscal year 2003 spent a total of about 8.5 million days in jail. Mexico leads as the country of birth for foreign-born arrestees at these 5 local jails in fiscal year 2003. We estimate that 4 of these 5 local jails spent an estimated $390 million in fiscal years 2002 and 2003 to incarcerate criminal aliens and were reimbursed about $73 million through SCAAP. We estimate that the federal government reimbursed these localities about 25 percent or less of the estimated criminal alien incarceration cost in fiscal years 2002 and 2003.
GAO-05-337R, Information on Criminal Aliens Incarcerated in Federal and State Prisons and Local Jails
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United States Government Accountability Office:
Washington, DC 20548:
April 7, 2005:
The Honorable John N. Hostettler:
Chairman, Subcommittee on Immigration, Border Security, and Claims:
Committee on the Judiciary:
House of Representatives:
The Honorable Steve King:
House of Representatives:
The Honorable Melissa Hart:
House of Representatives:
Subject: Information on Criminal Aliens Incarcerated in Federal and
State Prisons and Local Jails:
When the United States incarcerates criminal aliens--noncitizens
convicted of crimes while in this country legally or illegally--in
federal and state prisons and local jails, the federal government bears
much of the costs. It pays to incarcerate criminal aliens in federal
prisons and reimburses state and local governments for a portion of
their costs of incarcerating some, but not all, criminal aliens
illegally in the country through the Department of Justice's State
Criminal Alien Assistance Program (SCAAP) managed by the Bureau of
Justice Assistance (BJA). Some state and local governments have
expressed concerns about the impact that criminal aliens have on
already overcrowded prisons and jails and that the federal government
reimburses them for only a portion of their costs of incarcerating
criminal aliens.
You requested that we provide information concerning criminal aliens
incarcerated at the federal, state, and local level. For the criminal
aliens incarcerated in federal prisons, and for criminal aliens for
which state and local governments received reimbursement through SCAAP,
this report addresses the following questions:
* For recent years, how many criminal aliens were incarcerated?
* What is the country of citizenship or country of birth of these
criminal alien inmates?
* What are the estimated costs of incarcerating criminal aliens?
To obtain information to answer these objectives, we analyzed
population and cost data from the Bureau of Prisons (BOP) on criminal
aliens incarcerated in federal prisons. We analyzed data on criminal
aliens submitted to BJA by state and local governments seeking
reimbursement under SCAAP and incarceration cost data from the 5 states
and 5 local jails that incarcerated the largest number of criminal
aliens reimbursed through SCAAP in fiscal year 2003. This methodology
was used because there was no reliable population and incarceration
cost data on criminal aliens incarcerated in all state prisons and
local jails. Our data represent only a portion of the total population
of criminal aliens who may be incarcerated at the state and local
level, since SCAAP does not reimburse states and localities for all
criminal aliens.
To assess the reliability of the data, we discussed the data collection
methods and internal control processes for ensuring data quality with
responsible officials and staff, reviewed the data and information for
reasonableness, and reviewed relevant audits and evaluations related to
the data. We found that the data we used for our analyses were
sufficiently reliable for the purposes of this report.
In March 2005, we discussed with your offices the results of our work.
This document conveys the information provided during those discussions
(see encl. I). We also plan to issue a report on the number and types
of crimes committed by criminal aliens and the coordination between
federal and local law enforcement agencies to identify criminal aliens.
We performed our work from January 2004 through March 2005 in
accordance with generally accepted government auditing standards.
Further details on our scope and methodology are discussed in enclosure
II.
Results:
The briefing slides in enclosure I address each of our three questions
for the federal, state, and local level. In summary, we found the
following:
* At the federal level, the number of criminal aliens incarcerated
increased from about 42,000 at the end of calendar year 2001 to about
49,000 at the end of calendar year 2004--a 15 percent increase. The
percentage of all federal prisoners who are criminal aliens has
remained the same over the last 3 years--about 27 percent. The majority
of criminal aliens incarcerated at the end of calendar year 2004 were
identified as citizens of Mexico. We estimate the federal cost of
incarcerating criminal aliens--BOP's cost to incarcerate criminals and
reimbursements to state and local governments under SCAAP--totaled
approximately $5.8 billion for calendar years 2001 through 2004. BOP's
cost to incarcerate criminal aliens rose from about $950 million in
2001 to about $1.2 billion in 2004--a 14 percent increase. Federal
reimbursements for incarcerating criminal aliens in state prisons and
local jails declined from $550 million in 2001 to $280 million in 2004,
in a large part due to a reduction in congressional appropriations.
* At the state level, the 50 states received reimbursement for
incarcerating about 77,000 criminal aliens in fiscal year 2002 and 47
states received reimbursement for incarcerating about 74,000 in fiscal
year 2003.[Footnote 1] For the 5 states incarcerating about 80 percent
of these criminal aliens in fiscal year 2003, [Footnote 2] about 68
percent incarcerated in midyear 2004 reported that the country of
citizenship or country of birth as Mexico, the Dominican Republic, or
Cuba. We estimate that 4 of these 5 states spent about $1.6 billion to
incarcerate criminal aliens reimbursed through SCAAP during fiscal
years 2002 and 2003.[Footnote 3] We estimate that the federal
government reimbursed these four states about 25 percent or less of the
estimated cost to incarcerate these criminal aliens in fiscal years
2002 and 2003.
* At the local level, in fiscal year 2002, SCAAP reimbursed about 750
local governments for incarcerating about 138,000 criminal aliens. In
fiscal year 2003, SCAAP reimbursed about 700 local governments for
about 147,000 criminal aliens, with 5 local jail systems[Footnote 4]
accounting for about 30 percent of these criminal aliens. The 147,000
criminal aliens incarcerated during fiscal year 2003 spent a total of
about 8.5 million days in jail. Mexico leads as the country of birth
for foreign-born arrestees at these 5 local jails in fiscal year 2003.
We estimate that 4 of these 5 local jails spent an estimated $390
million in fiscal years 2002 and 2003 to incarcerate criminal aliens
and were reimbursed about $73 million through SCAAP. We estimate that
the federal government reimbursed these localities about 25 percent or
less of the estimated criminal alien incarceration cost in fiscal years
2002 and 2003.
Agency Comments and Our Evaluation:
We requested comments on a draft of this report from Departments of
Justice and Homeland Security. The Departments of Justice and Homeland
Security had no comments.
As we agreed with your office, unless you publicly announce the
contents of this report earlier, we plan no further distribution of it
until 30 days from the date of this letter. We will then send copies to
the Departments of Justice and Homeland Security, other interested
congressional committees, and make copies available to others who
request them. In addition, the report will be available at no charge on
GAO's Web site at http://www.gao.gov.
If you or your staff have any questions concerning this report, please
contact me at (202) 512-8816 or by e-mail at Stanar@gao.gov or Michael
Dino, Assistant Director, at (213) 830-1150 or Dinom@gao.gov. Key
contributors to this report were Amy Bernstein, Ann H. Finley, Evan
Gilman, Frederick Lyles, Karen O'Conor, Jason Schwartz, and Carla
Wilhoit.
Sincerely yours,
Signed by:
Richard M. Stana, Director:
Homeland Security and Justice Issues:
Enclosures:
Enclosure I: Briefing Slides:
Information on Criminal Aliens Incarcerated in Federal and State
Prisons and Local Jails:
Briefing for Congressional Requesters:
March 29, 2005:
Introduction:
Generally, criminal aliens are considered to be noncitizens who are
residing in the United States legally or illegally and convicted of a
crime.
The federal government bears total cost of incarcerating all criminal
aliens in federal prisons and reimburses state and local governments
for portions of their incarceration costs for certain criminal alien
populations through the State Criminal Alien Assistance Program (SCAAP).
Any costs related to incarcerating criminal aliens not reimbursed by
the federal government are borne by state and local governments.
Definitions of Terms Used in This Report:
Term: Criminal aliens;
Definition: Noncitizens who are residing in the United States legally
or illegally and convicted of a crime.
Term: SCAAP criminal aliens;
Definition: A subgroup of criminal aliens: noncitizens illegally in the
United States at the time of incarceration for whom state and local
jurisdictions received federal reimbursement through SCAAP; the aliens
must meet specific legal requirements.
Term: Alien;
Definition: Any person who is not a citizen of the United States.
Term: Foreign-born individuals;
Definition: Any person who is not born in the United States; includes
individuals who may be naturalized United States citizens.
Source: GAO.
[End of table]
Objectives:
For criminal aliens incarcerated in federal prisons and for SCAAP
criminal aliens incarcerated in state prisons and local jails:
For recent years, how many criminal aliens were incarcerated?
What is the country of citizenship or country of birth for these
criminal alien inmates?
What are the estimated costs of incarcerating criminal aliens?
Results in Brief-Federal Prisons and Reimbursements:
How many incarcerated:
* Criminal aliens incarcerated increased from about 42,000 at year-end
2001 to about 49,000 at year-end 2004.
Country of citizenship:
* For 2004, the majority of incarcerated criminal aliens were
identified as citizens of Mexico.
Costs of incarceration:
* We estimate the federal cost of incarcerating criminal aliens totaled
about $5.8 billion from 2001 through 2004:
-direct federal costs ($4.2 billion) and:
-federal reimbursements to state and local governments ($1.6 billion).
Results in Brief-State Prisons:
How many incarcerated:
* Fiscal year 2002-SCAAP reimbursed all 50 states for incarcerating
about 77,000 criminal aliens.
* Fiscal year 2003-SCAAP reimbursed 47 states for incarcerating about
74,000 criminal aliens.
* 5 state prison systems incarcerated about 80 percent of these
criminal aliens in fiscal year 2003-Arizona, California, Florida, New
York, and Texas.
Country of citizenship:
* Data on citizenship of criminal aliens reimbursed through SCAAP not
available.
* In mid-2004, most of the foreign-born inmates for the 5 state prison
systems with the most criminal aliens were born in Mexico (60 percent).
Costs of incarceration:
* We estimate that 4 of these 5 states spent a total of $1.6 billion in
fiscal years 2002 and 2003 to incarcerate SCAAP criminal aliens and
were reimbursed about $233 million through SCAAP.
Results in Brief-Local Jails:
How many incarcerated:
* Fiscal year 2002-SCAAP reimbursed 752 local jurisdictions for
incarcerating about 138,000 criminal aliens.
* Fiscal year 2003-SCAAP reimbursed 698 local jurisdictions for about
147,000 criminal aliens.
* 5 municipal and county jails incarcerated about 30 percent of these
criminal aliens in fiscal year 2003-Los Angeles County, California; New
York City, New York; Orange County, California; Harris County, Texas;
and, Maricopa County, Arizona.
Country of citizenship:
* Data on citizenship of criminal aliens reimbursed through SCAAP not
available.
* In fiscal year 2003, most of the foreign-born inmates from these 5
jails were born in Mexico (65 percent).
Costs of incarceration:
* We estimate that 4 of these 5 local jails spent a total of $390
million in fiscal years 2002 and 2003 to incarcerate SCAAP criminal
aliens and were reimbursed about $73 million through SCAAP.
Background:
Prison systems:
* Federal prisons include 112 prisons managed by the Bureau of Prisons
(BOP), 10 privately managed facilities, and other contract facilities
including community correction centers and short-term detention
facilities.
* More than 1,300 state prisons operated by state correctional agencies
in all 50 states, as of 2000.
* More than 3,300 local jails operated by cities, counties, and
municipalities, as of 1999.
SCAAP:
* SCAAP is a Department of Justice (DOJ), Bureau of Justice Assistance
(BJA), program that partially reimburses state and local jurisdictions
annually for the cost of incarcerating some but not all criminal aliens
illegally in the country. Not all jurisdictions submit for SCAAP
reimbursement.
* State and local jurisdictions voluntarily submit data annually on
inmates they suspect to be criminal aliens for possible reimbursement.
The program reimburses these jurisdictions for criminal aliens who:
-were convicted of a felony or two misdemeanors and incarcerated for a
minimum of 4 days and
-entered the U.S. without inspection, or were in immigration removal
proceedings at the time they were taken into custody; or were admitted
as a nonimmigrant and failed to maintain nonimmigrant status.[NOTE 1]
* Jurisdictions are reimbursed for those criminal aliens who the Bureau
of Immigration and Customs Enforcement (ICE) within the Department of
Homeland Security determines are eligible and for a portion of the
alien inmates whose eligibility cannot be confirmed through a match
with ICE records.
NOTE 1: 8 U.S.C. 1231(i); Fiscal year 2003 and 2004 SCAAP guidelines.
Scope and Methodology-Federal Prisons and Reimbursements:
To determine the number of criminal aliens incarcerated in federal
prisons and their country of citizenship, we analyzed:
* BOP data on all criminal aliens incarcerated in federal prisons at
year-end 2001, 2002, 2003, and 2004.[NOTE 1]
* BOP country of citizenship data for criminal aliens incarcerated in
federal prisons at year-end 2004.
To estimate the federal cost of incarcerating criminal aliens, we
analyzed:
* BOP inmate incarceration cost data.
* SCAAP reimbursements to state and local governments for fiscal years
2001 through 2004.
[NOTE 1] Aliens in the country legally or illegally.
Scope and Methodology-State Prisons:
To determine the number of SCAAP criminal aliens incarcerated in state
prisons, we analyzed:
* Data on criminal aliens incarcerated in state prisons and submitted
for SCAAP reimbursement in fiscal years 2002 and 2003.
* Data represent only a portion of the total population of criminal
aliens who may be incarcerated at the state level, since SCAAP does not
reimburse states for all criminal aliens.
To obtain data on country of birth for state criminal aliens, we
analyzed:
* Data from the 5 state prison systems that incarcerated about 80
percent of SCAAP criminal aliens in fiscal year 2003.
To estimate the cost of incarcerating SCAAP criminal aliens:
* We calculated the annual cost of incarcerating SCAAP criminal aliens
for 4 of these 5 state prison systems that provided us cost data for
fiscal years 2002 and 2003 using SCAAP data and cost data provided by
these 4 states. Cost data for the 45 other state prison systems were
not readily available.
Scope and Methodology-Local Jails:
To determine the number of SCAAP criminal aliens incarcerated in local
jails, we analyzed:
Data on criminal aliens incarcerated in local jails and submitted for
SCAAP reimbursement in fiscal years 2002 and 2003.
Data represent only a portion of the total population of criminal
aliens who may be incarcerated at the local level, since SCAAP does not
reimburse localities for all criminal aliens.
To determine data on the country of birth of foreign-born inmates, we
analyzed:
* Data from the ICE Institutional Removal Program (IRP) National
Workload Study for the 5 municipal and county jails that incarcerated
about 30 percent of SCAAP criminal aliens in fiscal year 2003. [NOTE 1]
To estimate the cost of incarcerating SCAAP criminal aliens:
* We calculated the cost of incarcerating SCAAP criminal aliens for 4
of these 5 jails that provided cost data for fiscal years 2002 and 2003
using SCAAP data and cost data provided by the 4 jails.
[NOTE 1] ICE established the I RP to identify and remove criminal
aliens incarcerated in federal and state prisons and local jails.
United States Immigration and Customs Enforcement, U.S. Department of
Homeland Security, Institutional Removal Program National Workload
Study (Washington, D.C.: September 2004).
Data Reliability:
* To assess the reliability of the data, we (1) discussed the data
collection methods with responsible agency staff, (2) reviewed the data
and information for reasonableness, and (3) obtained related
documentation where available.
* We found the BOP data we used for our analyses were sufficiently
reliable for the purposes of this report.
* We found the SCAAP data we used for our analyses to be sufficiently
reliable for presenting the number of inmates reimbursed under SCAAP.
* We found the citizenship or country of birth and cost data provided
by the 5 state corrections departments were sufficiently reliable for
the purposes of this report.
* We found that the cost data from the 4 local jails were sufficiently
reliable for the purposes of this report.
Federal Prisons and Reimbursements:
Number of Criminal Aliens Incarcerated in Federal Prisons Increased
Since Year-End 2001:
[See PDF for image]
Source: GAO analysis of BOP data.
Note: Data include individuals convicted in Washington, D.C. Data
exclude inmates in transit, in the witness protection program, or
immigration detainees. The year-end 2004 citizen inmate population
included 1,085 inmates of unknown citizenship; for year-end 2003,
1,163; for year-end 2002, 1,400; and for year-end 2001, 1,331.
[End of figure]
Mexico Represents the Country of Citizenship for Most Criminal Aliens
Incarcerated in Federal Prisons-Year-End 2004:
[See PDF for image]
[End of figure]
Federal Government Spent about $5.8 Billion to Incarcerate Criminal
Aliens During Fiscal Years 2001 through 2004:
[See PDF for image]
Source: GAO analysis of BOP and BJA SCAAP data.
[End of figure]
State Prisons:
Estimated Number of SCAAP Criminal Aliens Incarcerated in State Prisons
in Fiscal Years 2002 and 2003:
[See PDF for image]
[1] In fiscal year 2003, Illinois, Montana, and Oregon submitted no
criminal aliens to SCAAP for reimbursement. These states accounted for
about 3,400 criminal aliens in fiscal year 2002.
Note: The SCAAP fiscal year 2002 represents inmates incarcerated
between July 1, 2001, and June 30, 2002; fiscal year 2003 represents
inmates incarcerated between July 1, 2002, and June 30, 2003.
Source: GAO analysis of BJA SCAAP data.
[End of figure]
About 80 Percent of SCAAP Criminal Aliens Were Incarcerated in 5 States
in Fiscal Year 2003:
[See PDF for image]
Source: GAO analysis of BJA SCAAP data.
[End of figure]
Mexico Represents the Country of Birth for Most Foreign-Born Inmates in
the 5 States with the Most Criminal Aliens as of Mid-Year 2004:
[See PDF for image]
Number of foreign-born inmates in the 5 state prison systems with the
most criminal aliens-Arizona, California, Florida, New York, and Texas:
51,600.
This population does not include 3,200 inmates of unknown country of
birth.
Estimated number of countries represented: 154:
Percent totals do not sum to 100 due to rounding.
Source: GAO analysis of Arizona Department of Corrections, California
Department of Corrections, Florida Department of Corrections, New York
Department of Correctional Services, and the Texas Department of
Criminal Justice data.
[End of figure]
Four States Spent About $1.6 billion to Incarcerate SCAAP Criminal
Aliens in Fiscal Years 2002 and 2003:
[See PDF for image]
Source: GAO analysis of BJA SCAAP data and Arizona Department of
Corrections, California Department of Corrections, Florida Department
of Corrections, and New York Department of Correctional Services data.
22:
Note: We omitted Texas from our analysis since fiscal year 2003 cost
data were not available. Texas spent about $130 million in fiscal year
2002 to incarcerate SCAAP criminal aliens.
[End of figure]
SCAAP Reimbursements to 4 States Were Less Than 25 Percent of Their
Estimated Cost to Incarcerate SCAAP Criminal Aliens in Fiscal Years
2002 and 2003:
[See PDF for image]
Source: GAO analysis of BJA SCAAP data, and Arizona Department of
Corrections, California Department of Corrections, Florida Department
of Corrections, and New York Department of Correctional Services data.
Note: In fiscal year 2002, Texas spent about $130 million to
incarcerate SCAAP criminal aliens and received $15 million in
reimbursement from SCAAP. Fiscal year 2003 cost data were not available
for the state of Texas; in fiscal year 2003 Texas received $17 million
in reimbursement from SCAAP.
[End of figure]
Local Jails:
Estimated Number of SCAAP Criminal Aliens in Local Jails in Fiscal
Years 2002 and 2003:
[See PDF for image]
Source: GAO analysis of BJA SCAAP data.
Note: The SCAAP fiscal year 2002 represents inmates incarcerated
between July 1, 2001, and June 30, 2002; fiscal year 2003 represents
inmates incarcerated between July 1, 2002, and June 30, 2003.
[End of figure]
Five Local Jails with the Largest Criminal Alien Populations Account
for About 30 Percent of SCAAP Criminal Aliens in Fiscal Year 2003:
[See PDF for image]
Source: GAO analysis of BJA SCAAP data.
[End of figure]
Mexico Represents the Country of Birth for Most Foreign-Born Arrestees
at the 5 Local Jails with the Largest Criminal Alien Populations in
Fiscal Year 2003:
[See PDF for image]
Source: ICE.
The five local jurisdictions include: Los Angeles County, California;
Maricopa County, Arizona; Orange County, California; Harris County,
Texas; and New York City, New York.
[End of figure]
Estimated Cost to Incarcerate SCAAP Criminal Aliens at 4 Local Jails in
Fiscal Years 2002 and 2003:
[See PDF for image]
Source: GAO analysis of BJA SCAAP data, and Los Angeles County,
California, Sheriff's Department; Maricopa County, Arizona Sheriff's
Department; Orange County, California Sheriff's Department; and New
York City Department of Corrections data.
Note: Fiscal year 2002 cost data were not available for Harris County,
Texas. In fiscal year 2003, Harris County Texas spent about $15 million
to incarcerate SCAAP criminal aliens.
[End of figure]
SCAAP Reimbursements to 4 Local Jails Represented 25 Percent or Less of
Their Estimated Cost to Incarcerate SCAAP Criminal Aliens in Fiscal
Years 2002 and 2003:
[See PDF for image]
Source: GAO analysis of BJA SCAAP data, and Los Angeles County,
California, Sheriff's Department; Maricopa County, Arizona Sheriff's
Department; Orange County, California Sheriff's Department; and New
York City Department of Corrections data.
Note: Fiscal year 2002 cost data were not available for Harris County,
Texas. In fiscal year 2002, Harris County, Texas received $3 million in
reimbursement from SCAAP. In fiscal year 2003, we estimate Harris
County, Texas, spent about $15 million to incarcerate SCAAP criminal
aliens and received $3 million in reimbursement from SCAAP.
[End of figure]
[End of slide presentation]
[End of section]
Enclosure II: Objectives, Scope, and Methodology:
At the federal level, to determine the number of criminal aliens
incarcerated and their country of citizenship, we analyzed
data[Footnote 5] provided by BOP on the number of criminal aliens
incarcerated in federal prison on December 30, 2001, December 29, 2002;
December 27, 2003; and December 25, 2004. To identify the country of
citizenship for these criminal aliens, we analyzed country of
citizenship data provided by BOP at year-end 2004. To estimate the cost
of incarcerating criminal aliens, we obtained data from BOP on the
average yearly cost to incarcerate an inmate and multiplied that by the
number of criminal aliens incarcerated at the end of each year.
According to BOP officials, the cost of incarcerating criminal aliens
is the same as the cost of incarcerating U.S. citizen inmates. In
addition, we analyzed BJA data on the federal reimbursements to state
and local governments under SCAAP in fiscal years 2001 through 2004. To
calculate the total federal cost, we added the BOP and BJA costs for
each calendar year.
At the state level, to estimate the number of criminal aliens
incarcerated, we analyzed data on criminal aliens incarcerated in state
prisons for whom states received SCAAP reimbursement in fiscal years
2002 and 2003. All 50 states submitted criminal aliens to BJA for SCAAP
reimbursements in fiscal year 2002. Forty-seven states submitted
criminal aliens to BJA for reimbursements in fiscal year 2003.[Footnote
6] To determine the country of birth, we analyzed data provided by the
correction departments of the 5 states that incarcerated about 80
percent of the criminal alien population reimbursed by SCAAP in fiscal
year 2003--Arizona, California, Florida, New York, and Texas. To
estimate the cost of incarceration in fiscal years 2002 and 2003, we
obtained the average daily cost to incarcerate an inmate from 4 of
these 5 states.[Footnote 7] We calculated the estimated incarceration
costs by multiplying the number of days the criminal aliens reimbursed
by SCAAP were incarcerated in fiscal years 2002 and 2003 by the average
daily cost of incarceration. According to officials from each of these
5 states, the cost of incarcerating criminal aliens is the same as the
cost of incarcerating U.S. citizen inmates.
At the local level, to estimate the number of criminal aliens
incarcerated, we analyzed data on criminal aliens incarcerated in local
jails for which local governments received SCAAP reimbursement in
fiscal years 2002 and 2003. Seven hundred and fifty-two local
jurisdictions submitted criminal aliens to BJA for SCAAP reimbursements
in fiscal year 2002, and 698 submitted criminal aliens to BJA in fiscal
year 2003. To determine the country of birth, we obtained data on the
number of foreign-born persons arrested at 5 local jails that accounted
for about 30 percent of SCAAP criminal aliens in fiscal year 2003---
Maricopa County, Arizona; Los Angeles County, California; Orange
County, California; New York City, New York; and Harris County, Texas
from a Department of Homeland Security contractor prepared
study.[Footnote 8] To estimate the cost of incarceration, we analyzed
fiscal year 2002 and 2003 incarceration data from 4 of these 5 local
jails.[Footnote 9] We calculated the estimated incarceration costs by
multiplying the number of days the criminal aliens reimbursed by SCAAP
were incarcerated in fiscal years 2002 and 2003 by the average daily
cost of incarceration. According to officials from each of these 5
local jurisdictions, the cost of incarcerating criminal alien inmates
is the same as the cost of incarcerating U.S. citizen inmates.
Data Reliability:
BOP data are sufficiently reliable for the purposes of this report. To
assess the reliability of the data, we discussed with responsible BOP
officials how data on the number of federal inmates and their country
of citizenship are collected and maintained in BOP's inmate tracking
system called SENTRY. We reviewed BOP policies and procedures related
to entering data into the SENTRY system and reviewed a Department of
Justice Inspector General review of the SENTRY system. We discussed
with BOP officials their methodology for estimating the yearly cost to
incarcerate an inmate and obtained related documentation.
SCAAP data are sufficiently reliable for the purposes of this report.
To assess the reliability of the SCAAP data, we discussed with the
responsible BJA officials how data on criminal aliens reimbursed
through SCAAP are collected and maintained. We reviewed BJA SCAAP
policies and procedures and guidance on how state and local
jurisdictions can apply for reimbursement under the program. State and
local jurisdictions submit inmates to BJA for reimbursement based on
the inmates self-reporting their country of citizenship or place of
birth. The state and local jurisdictions certify they have exercised
due diligence in determining which inmates to submit for reimbursement,
the cost associated with incarceration, and the number of days an
inmate was incarcerated. The Bureau of Immigration and Customs
Enforcement within the Department of Homeland Security attempts to
verify the immigration status of the inmates using various federal
immigration databases to ensure only eligible inmates are reimbursed
through SCAAP. Inmates known or believed to be illegally in the country
are then reimbursed through SCAAP.
The data collected from the 5 state correction departments are
sufficiently reliable for the purposes of this report. We discussed
with state corrections officials how inmate data on country of
citizenship or birth are collected and maintained. We also discussed
with them and obtained related documentation regarding their
methodology for calculating the average daily cost of incarceration.
The data collected from the 4 local jails are sufficiently reliable for
the purposes of this report. We discussed with officials from the 4
local jails their methodology for calculating the average daily cost of
incarceration and obtained related documentation.
For the Department of Homeland Security's Institutional Removal Program
National Workload Study data on country of birth for foreign-born
arrestees, we reviewed the study's methodology and discussed data
collection and analysis with the study's authors. These data represent
foreign-born inmates, who may include some naturalized U.S. citizens
who are not considered to be criminal aliens. This study is not
generalizable to all local jails. However, the data are sufficiently
reliable for the purposes of this report.
FOOTNOTES
[1] In fiscal year 2003, Illinois, Montana, and Oregon did not submit
claims for reimbursement.
[2] The five states are Arizona, California, Florida, New York, and
Texas.
[3] We omitted Texas from our analysis since fiscal year 2003 cost data
were not available. Texas spent about $130 million in fiscal year 2002
to incarcerate SCAAP criminal aliens.
[4] The five local jails are Maricopa County, Arizona; Los Angeles
County, California; Orange County, California; New York City, New York;
and Harris County, Texas.
[5] Includes BOP prisons, contract community corrections facilities,
Intergovernmental Agreement long-term contract facilities, and
privately managed BOP facilities. This information does not include
inmates in transit, in the witness security program, or immigration
detainees.
[6] Illinois, Montana, and Oregon did not submit undocumented criminal
aliens to BJA for SCAAP reimbursements in fiscal year 2003.
[7] Cost of incarceration data were not available from the state of
Texas in fiscal year 2003.
[8] U.S. Department of Homeland Security, U.S. Bureau of Immigration
and Customs Enforcement, Institutional Removal Program National
Workload Study, (Washington, D.C.: September 2004).
[9] Cost of incarceration data was not available for Harris County,
Texas in fiscal year 2002.
