Title: A bill to strengthen border security, increase resources for enforcement of immigration laws, and for other purposes.
Policy area: Immigration

Summary:
This bill expands a Department of Justice (DOJ) program for compensating states and localities for costs related to the incarceration of certain aliens.
Currently, the State Criminal Alien Assistance Program (SCAAP) requires DOJ to compensate state and localities for the costs for incarcerating an undocumented criminal alien. The bill expands SCAAP to require DOJ to provide compensation for incarcerating aliens whose immigration status cannot be definitively identified.
The bill also expands the definition of an "undocumented criminal alien" to include qualifying aliens who were charged with a felony or two misdemeanors, where the statute currently requires convictions of such crimes.   The bill also authorizes the program through FY2024.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1470 Introduced in Senate (IS)]

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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.

    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.

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``Authorization.--'' before ``If 
                the chief'';
                    (B) in the matter preceding subparagraph (A), by 
                inserting ``and medical expenses'' after 
                ``incarceration''; and
                    (C) by inserting ``or an alien with an unknown 
                status'' after ``undocumented criminal alien'' each 
                place that term appears;
            (2) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Compensation.--
                    ``(A) Compensation of state for incarceration.--The 
                Attorney General shall compensate a State or political 
                subdivision of a State referred to in paragraph (1)(A), 
                in accordance with subparagraph (B), for the 
                incarceration of an alien--
                            ``(i) whose immigration status cannot be 
                        verified by the Secretary of Homeland Security; 
                        and
                            ``(ii) who would otherwise be an 
                        undocumented criminal alien if the alien is 
                        unlawfully present in the United States.
                    ``(B) Calculation of compensation.--Compensation 
                under subparagraph (A) shall be equal to the average 
                cost of incarceration of a prisoner in the relevant 
                State, as determined by the Attorney General.
            ``(3) Definitions.--In this subsection:
                    ``(A) Alien with an unknown status.--The term 
                `alien with an unknown status' means an individual--
                            ``(i) who has been incarcerated by a 
                        Federal, State, or local law enforcement 
                        entity; and
                            ``(ii) whose immigration status cannot be 
                        definitively identified.
                    ``(B) Undocumented criminal alien.--The term 
                `undocumented criminal alien' means an alien who--
                            ``(i) has been charged with or convicted of 
                        a felony or 2 misdemeanors; and
                            ``(ii)(I) entered the United States without 
                        inspection or at any time or place other than 
                        as designated by the Secretary of Homeland 
                        Security;
                            ``(II) was the subject of exclusion or 
                        deportation or removal proceedings at the time 
                        he or she was taken into custody by the State 
                        or a political subdivision of the State; or
                            ``(III) was admitted as a nonimmigrant and, 
                        at the time he or she was taken into custody by 
                        the State or political subdivision--
                                    ``(aa) failed to maintain the 
                                nonimmigrant status in which the alien 
                                was admitted or to which it was changed 
                                under section 248; or
                                    ``(bb) failed to comply with the 
                                conditions of any such status.'';
            (3) in paragraph (4), by inserting ``and aliens with an 
        unknown status'' after ``undocumented criminal aliens'' each 
        place that term appears;
            (4) by striking paragraphs (5) and (6) and inserting the 
        following:
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated $950,000,000 for each of the fiscal years 
                2020 through 2024 to carry out this subsection.
                    ``(B) Limitation.--Amounts appropriated pursuant to 
                subparagraph (A) that are distributed to a State or a 
                political subdivision of a State, including a 
                municipality, may be used only for correctional 
                purposes.''; and
            (5) by adding at the end the following:
            ``(6) Distribution of reimbursement.--Any amounts provided 
        to a State or a political subdivision of a State as 
        compensation under paragraph (1)(A) for a fiscal year shall be 
        distributed to such State or political subdivision not later 
        than 120 days after the last day of the period specified by the 
        Attorney General for the submission of requests under that 
        paragraph for that fiscal year.''.
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