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Code · U.S. Code · Title 8 - ALIENS AND NATIONALITY · CHAPTER 12— IMMIGRATION AND NATIONALITY · SUBCHAPTER II— IMMIGRATION · § 1365

§ 1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals

436 words·~2 min read·/usc/title-8/section-1365

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.
(c)Marielito Cubans convicted of a felony 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.
(Pub. L. 99–603, title V, § 501, Nov. 6, 1986, 100 Stat. 3443.)
Connections11 cite this · traces to 2
4 references not yet in our index
  • Pub. L. 99–603, title V, § 501
  • 100 Stat. 3443
  • Pub. L. 103–317, title VIII
  • 108 Stat. 1778
Citation graph
cites case law
§ 1365
Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals
Bills×5
Fed. Reg.×3
Stat. Comp.×1
Stat.×1
U.S.C.×1
Pub. L.Pub. L. 99–603, title V, § 501
Stat.100 Stat. 3443
Pub. L.Pub. L. 103–317, title VIII
Stat.108 Stat. 1778
Cites 6Cited by 11 across 5 sources
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