8 U.S.C. § 1365 — Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals

submitted 40 years ago by Pub. L. 99-603 to r/title-8-ALIENS-AND-NATIONALITY · 297 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires reimbursement to States for certain incarceration costs involving people convicted of felonies. It identifies which unlawfully present aliens and Cuban nationals qualify.

(a) Subject to amounts provided in advance by appropriation laws, the Attorney General must reimburse a State for costs the State incurs imprisoning an illegal alien or Cuban national convicted of a felony by that State. (b) An “illegal alien” for subsection (a) is an alien convicted of a felony who is unlawfully in the United States and either (1) entered most recently without inspection, or (2) was most recently admitted as a nonimmigrant and (A) the authorized stay expired, or (B) the Government knew of the unlawful status before the crime was committed. (c) A “Marielito Cuban” convicted of a felony for subsection (a) is a Cuban national who (1) the Attorney General allowed to come to the United States in 1980; (2) after arriving, violated State or local law and received a prison sentence; and (3) when arriving and when committing the violation was not lawfully admitted (A) for permanent or temporary residence or (B) under an immigrant or nonimmigrant visa issued under United States law. (d) Congress may appropriate whatever amounts are necessary to carry out this section. (e) “State” has the meaning given in section 1101(a)(36) of this title. This section does not define “State” itself; it incorporates that provision.

the actual law source: uscode.house.gov ↗public domain

(a) Reimbursement of States

Subject to the amounts provided in advance in appropriation Acts, the Attorney General shall reimburse a State for the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State.

(b) Illegal aliens convicted of a felony

An illegal alien referred to in subsection (a) is any alien who is any alien convicted of a felony who is in the United States unlawfully and—

(1)

whose most recent entry into the United States was without inspection, or

(2)

whose most recent admission to the United States was as a nonimmigrant and—

(A)

whose period of authorized stay as a nonimmigrant expired, or

(B)

whose unlawful status was known to the Government,

before the date of the commission of the crime for which the alien is convicted.

A Marielito Cuban convicted of a felony referred to in subsection (a) is a national of Cuba who—

(1)

was allowed by the Attorney General to come to the United States in 1980,

(2)

after such arrival committed any violation of State or local law for which a term of imprisonment was imposed, and

(3)

at the time of such arrival and at the time of such violation was not an alien lawfully admitted to the United States—

(A)

for permanent or temporary residence, or

(B)

under the terms of an immigrant visa or a nonimmigrant visa issued,

under the laws of the United States.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.

(e) “State” defined

The term “State” has the meaning given such term in section 1101(a)(36) of this title.

Source credit: (Pub. L. 99–603, title V, § 501, Nov. 6, 1986, 100 Stat. 3443.)

history & why it existsrecord from the source credit

1986Enacted · Pub. L. 99-603 · 100 Stat. 3443

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-603 on 1986-11-06.

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