Sec. 151. State criminal alien assistance program
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/bill/115/s/1757/pcs/section-151A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) is amended— in paragraph (1)— by inserting before Authorization .— If the chief ; and by inserting or an alien with an unknown status after undocumented criminal alien each place that term appears; by striking paragraphs
(2)and
(3)and inserting the following: Compensation under paragraph (1)(A) shall be the average cost of incarceration of a prisoner in the relevant State, as determined by the Attorney General. The Attorney General shall compensate the State or political subdivision of the State, in accordance with subparagraph (A), for the incarceration of an alien— whose immigration status cannot 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. In this subsection: The term alien with an unknown status means an individual— who has been incarcerated by a Federal, State, or local law enforcement entity; and whose immigration status cannot be definitively identified. The term undocumented criminal alien means an alien who— has been charged with or convicted of a felony or any misdemeanors; and entered the United States without inspection or at any time or place other than as designated by the Secretary of Homeland Security; 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 was admitted as a nonimmigrant and, at the time he or she was taken into custody by the State or a political subdivision of the State, has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248, or to comply with the conditions of any such status. ; in paragraph (4), by inserting and aliens with an unknown status after undocumented criminal aliens each place that term appears; in paragraph (5)(C), by striking to carry out this subsection and all that follows and inserting $950,000,000 for each of the fiscal years 2018 through 2021 to carry out this subsection. ; and by adding at the end the following: Any funds 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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Sec. 151
State criminal alien assistance program
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