Title: A bill to reauthorize the State Criminal Alien Assistance Program, and for other purposes.
Policy area: Crime and Law Enforcement

Summary:
This bill amends the Immigration and Nationality Act to reauthorize the State Criminal Alien Assistance Program (SCAAP) through FY2021. SCAAP provides payments to state, local, and tribal governments to offset the costs of incarcerating certain undocumented criminal aliens.
It expands the definition of “undocumented criminal alien” to include an alien who has been charged with a felony or two or more misdemeanors.
Additionally, the bill directs the Department of Justice to reimburse a state, local, or tribal government for incarceration costs and medical expenses of a criminal alien whose immigration status cannot be verified by the Department of Homeland Security. (Currently, a criminal alien with lawful immigration status does not meet the criteria for SCAAP reimbursement.)

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 745 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 745

  To reauthorize the State Criminal Alien Assistance Program, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2017

 Mr. Flake (for himself and Mr. McCain) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the State Criminal Alien Assistance Program, and for 
                            other purposes.

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

SECTION 1. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    (a) SCAAP Reauthorization.--Section 241(i)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1231(i)(5)) is amended--
            (1) by striking the em dash and all that follows through 
        ``(C)''; and
            (2) by striking ``2011'' and inserting ``2021''.
    (b) SCAAP Assistance for States.--
            (1) Assistance for states incarcerating undocumented aliens 
        charged with certain crimes.--Section 241(i)(3)(A) of such Act 
        (8 U.S.C. 1231(i)(3)(A)) is amended by inserting ``charged with 
        or'' before ``convicted''.
            (2) Assistance for states incarcerating unverified 
        aliens.--Section 241(i) of such Act (8 U.S.C. 1231(i)), as 
        amended by paragraph (1) and subsection (a), is further 
        amended--
                    (A) in paragraph (1), by inserting ``and medical 
                expenses'' after ``incarceration'';
                    (B) by redesignating paragraphs (4), (5), and (6), 
                as paragraphs (5), (6), and (7), respectively;
                    (C) in paragraph (7), as redesignated, by striking 
                ``(5)'' and inserting ``(6)''; and
                    (D) by inserting after paragraph (3) the following:
            ``(4) In the case of an alien whose immigration status is 
        unable to be verified by the Secretary of Homeland Security, 
        and who would otherwise be an undocumented criminal alien if 
        the alien is unlawfully present in the United States, the 
        Attorney General shall compensate the State or political 
        subdivision of the State for the incarceration and medical 
        expenses of the alien in accordance with paragraph (2).''.
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