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?

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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.

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:

Results
•	

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

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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 2003.1 For the 5
states incarcerating about 80 percent of these criminal aliens in fiscal year
2003, 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 2003.3 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 systems4 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.

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.

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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, 


Richard M. Stana, Director 

Homeland Security and Justice Issues 


Enclosures 


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Enclosure I: Briefing Slides 


Information on Criminal Aliens Incarcerated in
Federal and State Prisons and Local Jails

Briefing for Congressional Requesters
March 29, 2005

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Enclosure I: Briefing Slides

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.

2

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Enclosure I: Briefing Slides

Definitions of Terms Used in This Report
Term

Definition

Criminal aliens

Noncitizens who are residing in the United States legally or
illegally and convicted of a crime.

SCAAP criminal
aliens

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.

Alien

Any person who is not a citizen of the United States.

Foreign-born
individuals

Any person who is not born in the United States; includes
individuals who may be naturalized United States citizens.

Source: GAO.

3

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Enclosure I: Briefing Slides

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?

4

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Enclosure I: Briefing Slides

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).

5

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Enclosure I: Briefing Slides

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.

6

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Enclosure I: Briefing Slides

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.
7

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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.

8

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Background (continued)
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.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.

18

U.S.C. 1231(i); Fiscal year 2003 and 2004 SCAAP guidelines.

9

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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 2004.1
• 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.
1Aliens

in the country legally or illegally.

10

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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.

11

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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 2003.1
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.

1ICE

established the IRP 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).

Page 16

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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.
13

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Federal Prisons and Reimbursements

14

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Number of Criminal Aliens Incarcerated in Federal
Prisons Increased Since Year-End 2001
Number of inmates
200,000
180,000
160,000
140,000
120,000
100,000
80,000
60,000
40,000
20,000
Year-end

161,110

154,290

170,365

178,512

46,063

48,708

117,037

124,302

129,804

2002

2003

2004

42,424

44,073

111,866

2001

Criminal aliens

U.S. citizens
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.

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Mexico Represents the Country of Citizenship for
Most Criminal Aliens Incarcerated in Federal
Prisons—Year-End 2004
Guatemala (442)
1%
Remaining 164
countries (5,546)
11%

Haiti (458)
1%
Honduras (632)
1%
El Salvador (815)
2%

Mexico (30,512)
63%

Cuba (1,649)
3%
Jamaica (1,848)
4%
Dominican Republic
(3,353)
7%

Total number of criminal aliens in federal prison: 48,708
Total number of countries represented: 173
Source: BOP.

Colombia (3,453)
7%

16

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Federal Government Spent about $5.8 Billion to
Incarcerate Criminal Aliens During Fiscal Years 2001
through 2004
Dollars in millions
$1,800
$1,600

$1,550

$1,500

$1,340

$1,430

$1,400
$1,200

$280

$550

$550

$240

$950

$1,000

$1,100

$1,150

2001

2002

2003

2004

$1,000
$800
$600
$400
$200
$­
Year

SCAAP reimbursements to state and local governments
Estimated cost of incarcerating criminal aliens in BOP facilities

Source: GAO analysis of BOP and BJA SCAAP data.

Page 21

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State Prisons

18

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Estimated Number of SCAAP Criminal Aliens
Incarcerated in State Prisons in Fiscal Years 2002 and
2003
N u m b er o f S C A A P
c r im in a l a lie n s
8 0 ,0 0 0

All 50 states
reimbursed

47 states
reimbursed1

6 0 ,0 0 0

4 0 ,0 0 0

7 7 ,0 0 0

7 4 ,0 0 0

2002

2003

2 0 ,0 0 0

F is c a l y e a r

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.

1

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.

19

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About 80 Percent of SCAAP Criminal Aliens Were
Incarcerated in 5 States in Fiscal Year 2003

California
(30,200)
40%

Arizona (4,200)
6%
Florida (5,200)
7%

Number of SCAAP criminal aliens
incarcerated in state prisons: 74,000

Remaining 42
states (17,500)
24%

New York
(5,700)
8%
Texas (11,200)
15%

Number of states reporting SCAAP criminal
aliens: 47
Source: GAO analysis of BJA SCAAP data.

20

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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
Remaining 148
countries (11,400)
22%
Vietnam (1,200)
2%
Jamaica (1,700)
3%
El Salvador (2,100)
4%

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

Mexico (29,900)
58%

Cuba (2,800)
5%
Dominican Repbulic
(2,500)
5%

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.

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Four States Spent About $1.6 billion to Incarcerate
SCAAP Criminal Aliens in Fiscal Years 2002 and 2003
Dollars in millions
$1,000

$880

$900
$800

$750

$700

$50
$70

$600

$50
$70

$125

$120

$500
$400
$300

$635
$510

$200
$100
$­
2002
Fiscal year

California

2003
New York

Florida

Arizona

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.

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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
Dollars in millions
$700

Fiscal Year 2002

Fiscal Year 2003

$635

$600
$510
$500
$400
$300
$200
$125

$120
$100

$77

$70

$66
$25

$50
$9

$70
$30

$7

$50
$12

$7

$­
California

New York

(13%)

(21%)

Florida

(13%)

Estimated incarceration costs

Arizona

California

New York

Florida

Arizona

(14%)

(12%)

(24%)

(17%)

(14%)

Selected states
(percent of estimated costs reimbursed)

SCAAP reimbursements

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.

23

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.

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Local Jails

24

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Estimated Number of SCAAP Criminal Aliens in Local
Jails in Fiscal Years 2002 and 2003
Number of
SCAAP criminal
aliens
150,000

752 local jurisdictions
reimbursed

698 local jurisdictions
reimbursed

125,000
100,000
75,000

138,000

147,000

2002

2003

50,000
25,000
Fiscal year

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.

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Five Local Jails with the Largest Criminal Alien
Populations Account for About 30 Percent of SCAAP
Criminal Aliens in Fiscal Year 2003
Jurisdiction
Los Angeles County,
California

18,900

New York City, New York

8,100

Orange County, California

7,800

Harris County, Texas

4,600

Maricopa County, Arizona

4,300

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

20,000

Number of SCAAP criminal aliens
Total number of SCAAP criminal aliens for these five local jails: 43,700.
Total number of SCAAP criminal aliens for the remaining 693 local jails: 103,300.

26

Source: GAO analysis of BJA SCAAP data.

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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
El Salvador (10,500)
6%
G autemala (5,500)
3%

Mexico (108,000)
65%

Honduras (3,000)
2%
South Korea (2,500) 1%

Vietnam (2,500) 1%

Dominican Republic
(2,500) 1%
Number of foreign-born arrests in the five local
jurisdictions reporting data: 170,000.

Remaining 193
Countries (33,000)
20%

This population does not include 13,500
inmates of unknown country of birth.

Philippines (2,500)
1%

Estimated number of countries represented: 201
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.

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Estimated Cost to Incarcerate SCAAP Criminal Aliens
at 4 Local Jails in Fiscal Years 2002 and 2003
Dollars in millions
$250

$200

$190
$15

$150

$35

$55

$200
$15
$35

$55

$100

$50

$85

$95

2002

2003

$0
Fiscal year
New York City, New York

Los Angeles County, California

Orange County, California

Maricopa County, Arizona

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.

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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
D o lla rs i n m i lli o n s
$ 95

$ 10 0
$9 0

Fiscal Year 2002

$8 5

Fiscal Year 2003

$8 0
$7 0
$55

$5 5

$6 0
$5 0

$35

$ 35

$4 0
$3 0
$2 0

$21
$ 16

$ 15

$ 11

$1 0

$4

$15

$14
$5

$1

$1

$0
N ew Y o rk
C ity , N e w
Y o rk

(19%)

L o s A n ge le s
C o u nt y ,
C a lifo rn ia

O ra ng e
County,
C a lifo rn ia

M a ric o p a
County,
A riz o n a

(20%)

(11%)

(7%)

E s tim a te d in ca rc e ra ti o n c o sts

N e w Y o rk
C ity , N ew
Y ork

(22%)

L os A n g e le s
C ou n ty ,
C a liforn ia

(25%)

O ra n ge
C ou n t y ,
C a liforn ia

(14%)

M a ric o p a
C ou n ty ,
A riz o n a

(7%)

S e lec te d s tate s
(p e rc en t o f e s t im a ted c o s t s re im b u rs ed )

S C A A P r eim b u r sm e n ts

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.

29

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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 data1 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 2003.2 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.3 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.

1

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.
2

Illinois, Montana, and Oregon did not submit undocumented criminal aliens to BJA for
SCAAP reimbursements in fiscal year 2003.

3

Cost of incarceration data were not available from the state of Texas in fiscal year 2003.

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Enclosure II: Objectives, Scope, and
Methodology

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.4 To estimate the cost of incarceration,
we analyzed fiscal year 2002 and 2003 incarceration data from 4 of these 5
local jails.5 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

4

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).
5

Cost of incarceration data was not available for Harris County, Texas in fiscal year 2002.

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Enclosure II: Objectives, Scope, and
Methodology

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.

(440273)

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