Department of Justice – President’s Budget Request Fiscal Year (FY) 2018

DEPARTMENT OF JUSTICE

FY 2018 Total Request: $27.7 billion [FY 2017 annualized Continuing Resolution (CR): $28.8 billion; 3.8 percent decrease].

The budget for the Department of Justice includes significant “program enhancements” related to immigration enforcement, including in the following program areas:

Executive Office for Immigration Review: $500.4 million. [FY 2017 annualized CR: $421.5 million; 18.7 percent increase]. The request supports 1,892 Full Time Equivalent (FTE) positions, an increase of 225 FTE positions.

• The request includes funding for an additional 150 attorneys and 75 new immigration judge teams (consisting of an immigration judge, judicial law clerk, legal assistant, and three administrative support staff).

U.S. Marshals Service (USMS): $2.8 billion [FY 2017 annualized CR: $2.6 billion; 7.7 percent increase]. The request provides for a total of 4,821 FTE positions, a decrease of 74 positions.

• USMS takes custody of all unauthorized immigrants referred for criminal prosecution.
• The budget request asks for an additional 40 Deputy U.S. Marshals “to maintain high levels of court security and ensure timely detainee processing.”
• The request includes an additional $50.3 million for federal prisoner detention, because “USMS anticipates an increase in the detention population resulting from enhancements to border security and immigration enforcement.”

U.S. Attorneys: $2.1 billion [FY 2017 annualized CR: $2 billion; 5 percent increase]. The request includes support for 10,144 FTE positions, an increase of 128 positions.

• U.S. Attorney offices “address the criminal and civil caseloads generated by law enforcement activities to ensure aggressive enforcement of all immigration statutes.”
• This request includes an increase of 70 attorneys and $7.2 million for immigration enforcement prosecutions.
• “This enhancement will provide adequate personnel to support an increase in immigration law enforcement and enforce the administration’s immigration and border security policies and programs. Focus areas include transnational alien smuggling organizations; attempted re-entry after deportation; illegal presence in the United States; document fraud-related offenses, including visa and immigration benefits fraud; immigration fraud perpetuated by businesses, non-profits, and individuals; assistance with interdiction of national security targets; counterterrorism initiatives; narcotics and human trafficking; and violent crime efforts impacting border security.”

Civil Division: $291.8 million [FY 2017 annualized CR: $291.7 million; 0.03 percent increase]. This budget request supports 1,130 FTE positions, a decrease of 59.

• The budget requests an additional $1.9 million and 15 attorneys for the Office of Immigration Litigation.
• The Civil Division’s Office of Immigration Litigation “defends the government against programmatic and individual challenges to federal immigration policies or actions. This enhancement will provide adequate staff to address a growing caseload of challenges to the nation’s immigration laws, regulations, and policies.”

Environment and Natural Resources Division (ENRD): $115.6 million [FY 2017 annualized CR: $110.3 million; 4.8 percent increase]. The request supports 527 FTE positions, an increase of 1 position.

• The Environment and Natural Resources Division (ENRD) handles both civil and criminal litigation concerning the defense and enforcement of environmental laws and regulations.
• The budget requests an additional $1.8 million and 20 positions (12 attorneys) for the Land Acquisition Section — an increase of 18 positions (10 attorneys) and $1.5 million.
• ENRD’s Land Acquisition Section is “principally responsible for acquiring real property to secure the border between the United States and Mexico. This enhancement will dedicate 20 positions to meet litigation, acquisition, and appraisal demands during the construction along the border between Mexico and the United States.”

Other Justice Department Entities Touching on Immigration and Border Enforcement

Federal Bureau of Investigation: $8.8 billion [FY 2017 annualized CR: $8.7 billion; 1.1 percent increase]. The budget request anticipates a decrease of 1,373 FTE positions, to 31,999 positions.

• Among the increases called for in this budget is support for Transnational Organized Crime investigations. The budget requests an increase of $6.8 million and 40 agents.

Drug Enforcement Administration (DEA): $2.484 billion [FY 2017 annualized CR: $2.433 billion; 2.1 percent increase]. The request supports 8,082 FTE positions, an increase of 39 positions.

• The budget requests an increase of $6.5 million for the investigation of Transnational Criminal Organizations.
• “DEA combats the Transnational Criminal Organizations (TCOs) that supply drugs, control distribution networks, launder drug profits, and fuel violent crime inside the United States. … DEA places special emphasis on Mexican criminal organizations because they control the smuggling of drugs along our Southwest border.”

Bureau of Alcohol, Tobacco, Firearms and Explosives: $1.274 billion [FY 2017 annualized CR: $1.238 billion; 2.9 percent increase]. This supports 4,986 FTE positions, a decrease of 42.

• “ATF continues to operate enforcement groups to address firearms trafficking and violent crime along every U.S. border. ATF focuses on collaborative efforts with its Federal, State and local law enforcement partners to combat violent firearms crime and disrupt and dismantle street gangs with ties to transnational criminal organizations.”

Community Relations Service: $14.4 million [FY 2017 annualized CR: $14.4 million; 100 percent decrease]. The budget requests 54 FTE positions, a decrease of 4.

• The Community Relations Service provides assistance to state and local communities in the prevention and resolution of tension, violence and civil disorders relating to actual or perceived discrimination on the basis of race, color or national origin. It works with communities to prevent and respond to hate crimes and address tension associated with alleged discrimination.

State Criminal Alien Assistance Program (SCAAP): $0 [FY 2017 annualized CR: $209.6 million]. The request calls for ending SCAAP.

• SCAAP is part of the Office of Justice Programs, State and Local Law Enforcement Assistance and provides federal payments to states and localities that incurred correctional costs for incarcerating undocumented immigrants. The previous administration also attempted to end SCAAP, but Congress continues to maintain or increase funding for the program.

Victims of Trafficking Grant Program: $45 million [FY 2016 Enacted: $45 million; no change in funding].

• Housed under the Office of Justice Programs, this program helps combat human trafficking and provides services to trafficking victims. Funding for the Victims of Trafficking Grant Program is being requested under the Crime Victims Fund.

Office on Violence against Women: $480 million [FY 2017 annualized CR: $474.1 million; 1.2 percent increase]. The request provides for 66 FTE positions, a decrease of 10 FTE positions.

• The Office on Violence against Women administers programs aimed at reducing violence against women (including immigrant women) and providing assistance for victims of domestic violence.

Community Policing (COPS): $218 million [FY 2017 annualized CR: $200.6 million; 8.7 percent increase]. The request calls for 102 FTE positions, a decrease of 16.

• Established in 1994, the mission of the COPS Office is to advance public safety through the practice of community policing. The request calls for 124 FTEs, a slight increase from 118 FTEs in FY 2016.