1.This Act may be cited as
the State Criminal Alien Assistance
Program II
.
2.The purpose of this Act is to assist States
and units of local governments by providing financial assistance for costs
incurred by such States and local governments for processing illegal immigrants
through their law enforcement and criminal justice systems.
3.Reimbursement of
indirect costs relating to the incarceration of illegal aliens
(a)Section 501 of the
Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended—
(1)in subsection
(a), by striking a State for
and all that follows through
State
and inserting the following: “each State and unit of local
government for—
(1)costs incurred by
the State or unit of local government for the imprisonment of any illegal alien
who is convicted of a felony by such State; and
(2)indirect costs
related to the imprisonment described in paragraph
(1).
;
and
(2)by striking
subsections (c) through (e) and inserting the following:
(c)As
used in this section—
(1)the term
indirect costs
includes costs relating to—
(A)court
proceedings, attorneys for units of local government, and detention of illegal
aliens;
(B)indigent
defense;
(C)State and local
prosecution;
(D)autopsies;
and
(E)translation and
interpreter services; and
(2)the term
State
has the meaning given such term in section 1101(a)(36) of
this title.
(d)Authorization
of appropriationsThere are authorized to be appropriated
$500,000,000 for each of the fiscal years 2006 through 2009 to carry out
subsection
(a)(2).
.
(b)
(1)Based on
percentage of undocumented aliens
(A)From the amount appropriated for a fiscal year pursuant
to section 501(d) of the Immigration Reform and Control Act of 1986 (8 U.S.C.
1365(d)), the Attorney General shall allocate $333,000,000 for States and units
of local government in accordance with subparagraph (B).
(B)The
amount allocated under this paragraph for each State (including units of local
government within such State) for a fiscal year shall be equal to the product
of—
(i)the
total amount available to be allocated under this paragraph for that fiscal
year; and
(ii)the percentage
of undocumented aliens residing in the State compared to the total number of
such aliens residing in all States, as determined by the Statistics Division of
the Immigration and Naturalization Service, as of January 2005, based on the
2000 decennial census.
(2)Based on number
of undocumented alien apprehension States
(A)From the amount appropriated for a fiscal year pursuant
to such section 501(d), the Attorney General shall allocate $167,000,000, in
addition to amounts allocated under paragraph (1), for each of the 6 States
with the highest number of undocumented alien apprehensions for such fiscal
year.
(B)Determination
of allotmentsThe amount allocated under this paragraph for a
fiscal year for each State described in subparagraph (A) (including units of
local government within each such State) shall be equal to the product
of—
(i)the
total amount available to be allocated under this paragraph for the fiscal
year; and
(ii)the percentage
of undocumented alien apprehensions in the State in that fiscal year compared
to the total of such apprehensions for all such States for the preceding fiscal
year.
(C)For
purposes of this paragraph, the highest number of undocumented alien
apprehensions for a fiscal year shall be based on the apprehension rates for
the 4-consecutive-quarter period ending before the beginning of the fiscal year
for which information is available for undocumented aliens in such States, as
reported by the Department of Homeland Security.