As more counties become enrolled in Secure Communities they require more funds to cover the cost of holding “criminal aliens” in local jails. Meanwhile federal officials say the cost of detention space has been higher than expected.

Top 20 recipients of 2009 SCAAP funds. Credit: U.S. Department of Justice

Local police have tried to cover costs by applying for grants with the State Criminal Alien Assistance Program (SCAAP), which offers financial assistance for correctional officer salary costs related to immigration enforcement. Run by the Department of Justice and the Department of Homeland Security, it’s distributed more than $5 billion nationwide since FY 1995. Last year paid it about $4 million to 900 state and localities.

The SCAAP program was in trouble when the Obama administration sought to scrap it in 2009, but correctional associations and lawmakers – especially those that deal with border and immigration issues in their districts – rallied to keep it a float until FY2011.

“Immigration is a total federal responsibility,” said Sen. Diane Feinstein (D-CA) last year. “By failing to reimburse states and local governments for the cost of incarcerating criminal aliens, the federal government deprives communities of critical funding for public safety services.” [Read Tom Barry's report on SCCAP lobbying]

Overall detention and enforcement costs are also growing. In a March 2010 appropriations hearing, John Morton, assistant secretary of U.S. Immigration & Customs Enforcement, said the agency could not afford to use its 33,400 beds because its budget was based on a daily rate of $99 versus the $122 that ICE now pays. Morton expects 80 percent of the detention space will be used for the criminal alien population after Secure Communities is completely implemented.