II 

109TH CONGRESS 

1ST SESSION S. 1006 

To reimburse States and local governments for indirect costs relating to 

the incarceration of illegal criminal aliens. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2005 

Mr. KYL (for himself, Mrs. HUTCHISON, and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To reimburse States and local governments for indirect costs 

relating to the incarceration of illegal criminal aliens. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Criminal Alien 

5 Assistance Program II’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to assist States and units 

8 of local governments by providing financial assistance for 

9 costs incurred by such States and local governments for 
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1 processing illegal immigrants through their law enforce2 ment and criminal justice systems. 

3 SEC. 3. REIMBURSEMENT OF INDIRECT COSTS RELATING 

4 TO THE INCARCERATION OF ILLEGAL 

5 ALIENS. 

6 (a) IN GENERAL.—Section 501 of the Immigration 

7 Reform and Control Act of 1986 (8 U.S.C. 1365) is 

8 amended— 

9 (1) in subsection (a), by striking ‘‘a State for’’ 

10 and all that follows through ‘‘State’’ and inserting 

11 the following: ‘‘each State and unit of local govern12 ment for— 

13 ‘‘(1) costs incurred by the State or unit of local 

14 government for the imprisonment of any illegal alien 

15 who is convicted of a felony by such State; and 

16 ‘‘(2) indirect costs related to the imprisonment 

17 described in paragraph (1).’’; and 

18 (2) by striking subsections (c) through (e) and 

19 inserting the following: 

20 ‘‘(c) DEFINITIONS.—As used in this section— 

21 ‘‘(1) the term ‘indirect costs’ includes costs re22 lating to— 

23 ‘‘(A) court proceedings, attorneys for units 

24 of local government, and detention of illegal 

25 aliens; 
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1 ‘‘(B) indigent defense; 

2 ‘‘(C) State and local prosecution; 

3 ‘‘(D) autopsies; and 

4 ‘‘(E) translation and interpreter services; 

5 and 

6 ‘‘(2) the term ‘State’ has the meaning given 

7 such term in section 1101(a)(36) of this title. 

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated $500,000,000 for each 

10 of the fiscal years 2006 through 2009 to carry out sub11 section (a)(2).’’. 

12 (b) STATE ALLOCATIONS.— 

13 (1) BASED ON PERCENTAGE OF UNDOCU14 MENTED ALIENS.— 

15 (A) IN GENERAL.—From the amount ap16 propriated for a fiscal year pursuant to section 

17 501(d) of the Immigration Reform and Control 

18 Act of 1986 (8 U.S.C. 1365(d)), the Attorney 

19 General shall allocate $333,000,000 for States 

20 and units of local government in accordance 

21 with subparagraph (B). 

22 (B) FORMULA.—The amount allocated 

23 under this paragraph for each State (including 

24 units of local government within such State) for 

25 a fiscal year shall be equal to the product of— 
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1 (i) the total amount available to be al2 located under this paragraph for that fiscal 

3 year; and 

4 (ii) the percentage of undocumented 

5 aliens residing in the State compared to 

6 the total number of such aliens residing in 

7 all States, as determined by the Statistics 

8 Division of the Immigration and Natu9 ralization Service, as of January 2005, 

10 based on the 2000 decennial census. 

11 (2) BASED ON NUMBER OF UNDOCUMENTED

12 ALIEN APPREHENSION STATES.— 

13 (A) IN GENERAL.—From the amount ap14 propriated for a fiscal year pursuant to such 

15 section 501(d), the Attorney General shall allo16 cate $167,000,000, in addition to amounts allo17 cated under paragraph (1), for each of the 6 

18 States with the highest number of undocu19 mented alien apprehensions for such fiscal year. 

20 (B) DETERMINATION OF ALLOTMENTS.— 

21 The amount allocated under this paragraph for 

22 a fiscal year for each State described in sub23 paragraph (A) (including units of local govern24 ment within each such State) shall be equal to 

25 the product of— 
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1 (i) the total amount available to be al2 located under this paragraph for the fiscal 

3 year; and 

4 (ii) the percentage of undocumented 

5 alien apprehensions in the State in that 

6 fiscal year compared to the total of such 

7 apprehensions for all such States for the 

8 preceding fiscal year. 

9 (C) DATA.—For purposes of this para10 graph, the highest number of undocumented 

11 alien apprehensions for a fiscal year shall be 

12 based on the apprehension rates for the 4-con13 secutive-quarter period ending before the begin14 ning of the fiscal year for which information is 

15 available for undocumented aliens in such 

16 States, as reported by the Department of 

17 Homeland Security. 

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