II 

116TH CONGRESS 

1ST SESSION S. 1470 

To strengthen border security, increase resources for enforcement of 

immigration laws, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2019 

Ms. MCSALLY (for herself, Mr. CORNYN, Mrs. BLACKBURN, and Mr. COTTON) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To strengthen border security, increase resources for 

enforcement of immigration laws, and for other purposes. 

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

3 SECTION 1. STATE CRIMINAL ALIEN ASSISTANCE PRO4 GRAM. 

5 Section 241(i) of the Immigration and Nationality 

6 Act (8 U.S.C. 1231(i)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by inserting ‘‘AUTHORIZATION.—’’ be9 fore ‘‘If the chief’’; 


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1 (B) in the matter preceding subparagraph 

2 (A), by inserting ‘‘and medical expenses’’ after 

3 ‘‘incarceration’’; and 

4 (C) by inserting ‘‘or an alien with an un5 known status’’ after ‘‘undocumented criminal 

6 alien’’ each place that term appears; 

7 (2) by striking paragraphs (2) and (3) and in8 serting the following: 

9 ‘‘(2) COMPENSATION.— 

10 ‘‘(A) COMPENSATION OF STATE FOR IN11 CARCERATION.—The Attorney General shall 

12 compensate a State or political subdivision of a 

13 State referred to in paragraph (1)(A), in ac14 cordance with subparagraph (B), for the incar15 ceration of an alien— 

16 ‘‘(i) whose immigration status cannot 

17 be verified by the Secretary of Homeland 

18 Security; and 

19 ‘‘(ii) who would otherwise be an un20 documented criminal alien if the alien is 

21 unlawfully present in the United States. 

22 ‘‘(B) CALCULATION OF COMPENSATION.— 

23 Compensation under subparagraph (A) shall be 

24 equal to the average cost of incarceration of a 


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1 prisoner in the relevant State, as determined by 

2 the Attorney General. 

3 ‘‘(3) DEFINITIONS.—In this subsection: 

4 ‘‘(A) ALIEN WITH AN UNKNOWN STA5 TUS.—The term ‘alien with an unknown status’ 

6 means an individual— 

7 ‘‘(i) who has been incarcerated by a 

8 Federal, State, or local law enforcement 

9 entity; and 

10 ‘‘(ii) whose immigration status cannot 

11 be definitively identified. 

12 ‘‘(B) UNDOCUMENTED CRIMINAL ALIEN.— 

13 The term ‘undocumented criminal alien’ means 

14 an alien who— 

15 ‘‘(i) has been charged with or con16 victed of a felony or 2 misdemeanors; and 

17 ‘‘(ii)(I) entered the United States 

18 without inspection or at any time or place 

19 other than as designated by the Secretary 

20 of Homeland Security; 

21 ‘‘(II) was the subject of exclusion or 

22 deportation or removal proceedings at the 

23 time he or she was taken into custody by 

24 the State or a political subdivision of the 

25 State; or 


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1 ‘‘(III) was admitted as a non2 immigrant and, at the time he or she was 

3 taken into custody by the State or political 

4 subdivision— 

5 ‘‘(aa) failed to maintain the non6 immigrant status in which the alien 

7 was admitted or to which it was 

8 changed under section 248; or 

9 ‘‘(bb) failed to comply with the 

10 conditions of any such status.’’; 

11 (3) in paragraph (4), by inserting ‘‘and aliens 

12 with an unknown status’’ after ‘‘undocumented 

13 criminal aliens’’ each place that term appears; 

14 (4) by striking paragraphs (5) and (6) and in15 serting the following: 

16 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(A) IN GENERAL.—There are authorized 

18 to be appropriated $950,000,000 for each of 

19 the fiscal years 2020 through 2024 to carry out 

20 this subsection. 

21 ‘‘(B) LIMITATION.—Amounts appropriated 

22 pursuant to subparagraph (A) that are distrib23 uted to a State or a political subdivision of a 

24 State, including a municipality, may be used 

25 only for correctional purposes.’’; and 


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1 (5) by adding at the end the following: 

2 ‘‘(6) DISTRIBUTION OF REIMBURSEMENT.—Any 

3 amounts provided to a State or a political subdivi4 sion of a State as compensation under paragraph 

5 (1)(A) for a fiscal year shall be distributed to such 

6 State or political subdivision not later than 120 days 

7 after the last day of the period specified by the At8 torney General for the submission of requests under 

9 that paragraph for that fiscal year.’’. 

Æ 


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