Opportunity Information: Apply for O BJA 2022 171484

The BJA FY 2022 State Criminal Alien Assistance Program (SCAAP) is a federal payment program run by the U.S. Department of Justice, Office of Justice Programs (OJP), through the Bureau of Justice Assistance (BJA). Its basic purpose is to help reimburse states and local governments for certain correctional costs they incur when they incarcerate people who are determined to be undocumented criminal aliens during a defined 12-month reporting period. The program sits within OJP's broader public safety and justice goals, including strengthening community safety, improving access to justice, supporting victims and justice-involved individuals, and promoting civil rights and racial equity, but the core of SCAAP is a statutory requirement to make payments to eligible governments based on qualifying incarceration activity and available appropriations.

Eligibility is limited to governmental entities rather than nonprofits or private organizations. Eligible applicants include state governments and units of local government, specifically county governments and city or township governments. To qualify for a payment under the FY 2022 cycle, the incarceration must be under the legal authority of the applying government (for example, in a county jail or other facility where the county has legal custody). The individuals counted toward payment must meet the program's criminal-history threshold and custody threshold: they must have been convicted of at least one felony or two misdemeanors (most often under state or local law) and must have been incarcerated for at least four consecutive days during the reporting period. These criteria are used to narrow the population to those who meet SCAAP's definition of eligible inmates for payment purposes.

A key part of the process is how an applicant documents who is being claimed and what costs are being incurred. In the online application, the government submits specific information about each individual it believes qualifies, covering people it either knows are undocumented criminal aliens or reasonably and in good faith believes are undocumented criminal aliens. That inmate-level data is then transmitted by OJP to the U.S. Department of Homeland Security (DHS), which conducts a detailed review to verify immigration status and other eligibility factors. Alongside inmate information, the applicant must also provide information related to its average cost of incarceration during the same reporting period, since payments are meant to reflect, at least in part, the costs associated with housing eligible inmates.

Payment amounts are not a simple flat reimbursement and are not guaranteed at any specific level for any one applicant. SCAAP payments are calculated using a combination of (1) the information the applicant submits in the application, (2) the results of DHS's review identifying which claimed individuals are confirmed as eligible, and (3) the total amount of funding Congress appropriates for that SCAAP cycle. In other words, the final payment depends on both verified eligible inmate counts and the overall pool of funds available nationally. The program materials reference an appendix that provides a general overview of payment calculations, and all information submitted is subject to appropriate review by OJP.

For the FY 2022 opportunity itself, the federal listing is under CFDA (now commonly referred to as Assistance Listing) 16.606, within the Law, Justice and Legal Services activity area. The funding opportunity title is "BJA FY 2022 State Criminal Alien Assistance Program" with opportunity number O-BJA-2022-171484. The posting shows an award ceiling of $59,000,000 and an expectation of roughly 550 awards, reflecting that the program is designed to issue payments broadly to many jurisdictions that meet the requirements rather than a small number of competitive project grants. The opportunity was created on December 9, 2022, with an original closing date of January 30, 2023.

  • The Department of Justice, Bureau of Justice Assistance in the law, justice and legal services sector is offering a public funding opportunity titled "BJA FY 2022 State Criminal Alien Assistance Program" and is now available to receive applicants.
  • Interested and eligible applicants and submit their applications by referencing the CFDA number(s): 16.606.
  • This funding opportunity was created on Dec 09, 2022.
  • Applicants must submit their applications by Jan 30, 2023. (Agency may still review applications by suitable applicants for the remaining/unused allocated funding in 2026.)
  • Each selected applicant is eligible to receive up to $59,000,000.00 in funding.
  • The number of recipients for this funding is limited to 550 candidate(s).
  • Eligible applicants include: State governments, County governments, City or township governments.
Apply for O BJA 2022 171484

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Frequently Asked Questions (FAQs)

What is the BJA FY 2022 State Criminal Alien Assistance Program (SCAAP)?

The BJA FY 2022 State Criminal Alien Assistance Program (SCAAP) is a federal payment program administered by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), through the Bureau of Justice Assistance (BJA). Its basic purpose is to help reimburse states and local governments for certain correctional costs associated with incarcerating people who are determined to be undocumented criminal aliens during a defined 12-month reporting period.

Is SCAAP a grant or a payment program?

Based on the opportunity description, SCAAP is a federal payment program intended to provide payments to eligible governments. It is not described as a competitive project grant focused on funding new activities; instead, it is designed to issue payments broadly to jurisdictions that meet the eligibility and reporting requirements, subject to available appropriations and verification.

Which federal agency runs this program?

The program is run by the U.S. Department of Justice, Office of Justice Programs, through the Bureau of Justice Assistance (BJA).

Who is eligible to apply?

Eligibility is limited to governmental entities. Eligible applicants include:

  • State governments
  • Units of local government, specifically county governments and city or township governments

Are nonprofits or private organizations eligible to apply?

No. The opportunity information states that eligibility is limited to governmental entities rather than nonprofits or private organizations.

What kinds of costs is SCAAP intended to help cover?

SCAAP is intended to help reimburse states and local governments for certain correctional costs incurred when they incarcerate individuals determined to be undocumented criminal aliens during the defined reporting period. The application includes information about the applicant's average cost of incarceration during the same reporting period, because payments are meant to reflect, at least in part, the costs associated with housing eligible inmates.

What is the basic purpose of SCAAP payments?

The basic purpose is to help reimburse eligible governments for qualifying correctional costs related to incarcerating individuals determined to be undocumented criminal aliens, during a defined 12-month reporting period, under the applying government's legal authority.

Does the incarceration have to be under the applicant government's legal authority?

Yes. To qualify for a payment under the FY 2022 cycle, the incarceration must be under the legal authority of the applying government (for example, in a county jail or another facility where the county has legal custody).

What inmate criminal-history threshold must be met for someone to count toward payment?

The individual must have been convicted of at least one felony or two misdemeanors (most often under state or local law), as described in the opportunity information.

What is the custody threshold (length of incarceration) for an inmate to count?

The individual must have been incarcerated for at least four consecutive days during the reporting period.

Do the four days have to be consecutive?

Yes. The opportunity description specifies at least four consecutive days during the reporting period.

What is the reporting period mentioned in the opportunity?

The program references a defined 12-month reporting period for incarceration activity. The opportunity text does not specify the exact start and end dates of that 12-month period; it describes it generally as a defined 12-month reporting period.

What information does an applicant submit about individuals being claimed?

In the online application, the government submits specific information about each individual it believes qualifies. This includes individuals the applicant either knows are undocumented criminal aliens or reasonably and in good faith believes are undocumented criminal aliens.

How is immigration status verified for people claimed in the application?

Inmate-level data submitted through the application is transmitted by OJP to the U.S. Department of Homeland Security (DHS). DHS conducts a detailed review to verify immigration status and other eligibility factors, and those results feed into which individuals are confirmed as eligible.

Does DHS play a role in determining eligibility?

Yes. The opportunity information explains that DHS conducts a detailed review of the submitted inmate-level data to verify immigration status and other eligibility factors.

What cost information must the applicant provide?

The applicant must provide information related to its average cost of incarceration during the same reporting period. This supports payment calculations intended to reflect, at least in part, the costs of housing eligible inmates.

Are SCAAP payment amounts guaranteed?

No. The opportunity information states that payment amounts are not guaranteed at any specific level for any one applicant and are not a simple flat reimbursement.

How are SCAAP payments calculated?

Payments are calculated using a combination of:

  1. The information the applicant submits in the application
  2. The results of DHS's review confirming which claimed individuals are eligible
  3. The total amount of funding Congress appropriates for that SCAAP cycle

The materials also reference an appendix that provides a general overview of payment calculations, and all submitted information is subject to appropriate review by OJP.

Does the amount of national funding affect individual payments?

Yes. The final payment depends on the overall pool of funds available nationally (i.e., the amount appropriated by Congress for that SCAAP cycle), in addition to verified eligible inmate counts and the applicant's submitted information.

Is SCAAP part of broader DOJ/OJP public safety goals?

Yes. The opportunity notes that SCAAP sits within OJP's broader public safety and justice goals, including strengthening community safety, improving access to justice, supporting victims and justice-involved individuals, and promoting civil rights and racial equity. However, the core of SCAAP is a statutory requirement to make payments to eligible governments based on qualifying incarceration activity and available appropriations.

What is the Assistance Listing (CFDA) number for this opportunity?

The listing is Assistance Listing 16.606 (formerly referred to as CFDA 16.606).

What is the activity area associated with this listing?

The opportunity is within the Law, Justice and Legal Services activity area.

What is the official funding opportunity title?

The title is "BJA FY 2022 State Criminal Alien Assistance Program."

What is the opportunity number?

The opportunity number is O-BJA-2022-171484.

What is the posted award ceiling?

The posting shows an award ceiling of $59,000,000.

About how many awards were expected?

The posting indicates an expectation of roughly 550 awards, reflecting that the program is designed to issue payments broadly to many jurisdictions that meet the requirements.

When was the opportunity created?

The opportunity was created on December 9, 2022.

What was the original closing date?

The original closing date shown is January 30, 2023.

Is all submitted information reviewed?

Yes. The opportunity description notes that all information submitted is subject to appropriate review by OJP, and inmate eligibility is also supported by DHS review of immigration status and other factors.

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