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)

Incarceration

The term incarceration means the confining in a correctional facility or county jail of an alien with unknown status or an undocumented criminal alien.(C)

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; and(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 2025 through 2029 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.(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.