Office of Justice Programs (OJP)

Frequently Asked Questions

What types of restrictions are in place with respect to the type or composition of cases eligible for Southwest Border Prosecution Initiative (SWBPI) payments?

An eligible case is any federally initiated criminal case that was referred to and prosecuted by a state or county prosecutor and resolved on or after October 1, 2005. Jurisdictions providing pre-trial detention for eligible case defendants are also eligible for funds. These cases are eligible, regardless of:

  • What level, type, or number of criminal offenses were involved (e.g., felonies, misdemeanors, drugs, violent offenses, property, public order, etc.).
  • What the defendant's age or citizenship status was at the time of referral (e.g., juveniles, illegal or legal aliens).
  • Whether the case was formally declined and referred by a U.S. Attorney, or through a blanket federal declination-referral policy, an accepted federal law enforcement practice, or federal prosecutorial discretion.
  • Whether state or local law enforcement participated with federal authorities in the investigation or arrest (e.g., federal/state task forces, etc.)

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