SCAAP CERTIFICATION REQUIREMENTS.PDF

NOTIFICATION
DOJ Intent to Modify SCAAP Requirements
for Future Application Cycles
Consistent with its authority and discretion, including under 8 U.S.C. § 1231(i), DOJ plans to
add certain immigration-laws-related eligibility requirements to SCAAP, beginning with the
FY 2020 application cycle. Because the annual “reporting period” for the FY 2020
application cycle will begin on July 1, 2018, “States” and “units of local government”
that intend to apply to the FY 2020 program should take note.
Starting with the FY 2020 application cycle for SCAAP (and assuming that appropriated funds
then are legally available), DOJ intends to require each applicant government – in order to be
eligible to receive a payment – to submit a specific formal certification that encompasses the
applicant’s law enforcement agency (or agencies), its corrections agency (or agencies), and
the “correctional facility” (or facilities, including contract facilities) in which the applicant
“incarcerates” inmates.
As currently contemplated, that certification, to be executed by the applicant government’s
chief legal officer (e.g., the State Attorney General, for an application by a State), would
represent to DOJ that, throughout the pertinent reporting period, as to those law enforcement
and corrections agencies and correctional facilities, the applicant government had in effect
(and in force) a formal policy, -rule, or -practice (or a statute, ordinance, or regulation)
designed to ensure that the applicant government and its officials and agents (e.g.,
employees)—
ƒ Did not prohibit or in any way restrict— (1) any government entity or -official from
sending or receiving information regarding citizenship or immigration status as
described in 8 U.S.C. § 1373(a); or (2) a government entity or -agency from sending,
requesting or receiving, maintaining, or exchanging information regarding immigration
status as described in 8 U.S.C. § 1373(b).
ƒ If and when asked by a federal agent acting under color of federal law (e.g., a DHS
agent), in fact gave federal agents access to those correctional facilities in order to
meet with individuals who at that time were (or were believed by such agents to be)
aliens, and inquire as to those individuals' right to be or remain in the United States.
ƒ Honored formal written requests from DHS for advance notice of the scheduled
release date and time for particular aliens incarcerated by or on behalf of the applicant
government, and provided the requested notice as early as practicable.
Certifications in the online application for the FY 2017 program
As part of the online application to the FY 2017 program, the “submitting government official”
must make a number of detailed certifications to OJP under penalty of perjury, including formal
certifications regarding the accuracy of the information being provided, its conformity with the
requirements and instructions set out in this document, and the legal authority of the submitting
government official to execute the certifications and to submit the application on behalf of the
applicant government.
GMS is designed to reject an application to the FY 2017 program if the “submitting government
official” fails to execute any of the required certifications. An application cannot and will not be
SCAAP – FY 2017 Program Requirements and Application Instructions 7