[Congressional Record Volume 149, Number 31 (Wednesday, February 26, 2003)]
[Senate]
[Page S2856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. McCain, Mr. Kyl, Mr. Schumer, 
        Mrs. Boxer, Mrs. Hutchison, Mr. Bingaman, and Mr. Domenici):
  S. 460. A bill to amend the Immigration and Nationality Act to 
authorize appropriations for fiscal years 2004 through 2010 to carry 
out the State Criminal Alien Assistance Program; to the Committee on 
the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 460

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``State Criminal Alien 
     Assistance Program Reauthorization Act of 2003''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2004 
                   THROUGH 2010.

       Section 241(i)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)(5)) is amended by striking ``appropriated'' 
     and all that follows through the period and inserting the 
     following: ``appropriated to carry out this subsection--
       ``(A) such sums as may be necessary for fiscal year 2003;
       ``(B) $750,000,000 for fiscal year 2004;
       ``(C) $850,000,000 for fiscal year 2005; and
       ``(D) $950,000,000 for each of the fiscal years 2006 
     through 2010.''.

  Mr. McCAIN. Mr. President, I have long worked with my colleagues from 
Arizona and other border states to address issues, from health care to 
crime, that are associated with illegal immigration. In the 107th 
Congress, I joined Senator Feinstein, Senator Kyl, and a bipartisan 
group of Senators to reauthorize the State Criminal Alien Assistance 
Program, SCAAP, to ensure that the Federal Government reimbursed States 
for the costs wrongly borne by local communities for the incarceration 
of undocumented immigrants. That bill was based on the premise that 
control of illegal immigration is principally the responsibility of the 
Federal Government.
  Last November, that legislation was incorporated into the 21st 
Century Department of Justice Authorization Act. Despite its enactment, 
States and local governments continue to disproportionately bear the 
costs associated with incarcerating illegal immigrants. As undocumented 
aliens take increasingly desperate measures to cross our border with 
Mexico, the burden borne by States along the Southwestern border 
continues to grow.
  The Federal Government's attempt to stem illegal immigration in Texas 
and California has made it increasingly difficult to cross the border 
in these States. Unfortunately, these actions have created a funnel 
effect, giving Arizona the dubious distinction of being the location of 
choice for illegal border crossers. Reports suggest that at least one 
in three of the illegal border crossers arrest traversing the U.S.-
Mexico border are stopped in Arizona. Last year approximately 320 
people died in the desert trying to cross the border. Additionally, the 
number of attacks on National Park Service Officers has increased in 
recent years. Property crimes are rampant along the border, leaving 
Arizona with the highest per-capita auto theft rate in the nation. 
Times have gotten so desperate that vigilante groups have begun to form 
with the goal of doing the job the Federal Government is failing to do.
  The situation along our Southwestern border has reached a crisis. I 
will continue to support legislative initiatives aimed at addressing 
the problems that stem from illegal immigration. However, I strongly 
believe that the Federal Government desperately needs innovative 
legislation to address the source of this problem through a guest 
worker program. In the absence of guest worker legislation, we must 
continue supporting important programs, such as SCAAP, that assist the 
border States where the Federal Government has failed.
  Covering the cost of incarcerating illegal immigrants is yet another 
underfunded Federal mandate thrust upon struggling State governments. 
Less than two weeks ago, States were struck an enormous blow when the 
funding for SCAAP was cut in half by the FY 2003 Omnibus appropriations 
bill signed into law by the President. For my own State of Arizona, 
this means that rather than the $24 million reimbursement Arizona 
received in FY 2002--which barely covered one third of the actual cost 
borne by the State--at best Arizona can hope to receive half that 
amount. Even more disconcerting are recent suggestions that this 
program should be cut completely, because it does not fit within the 
mission of the Department of Justice.
  I believe that SCAAP is absolutely necessary for all States, 
particularly those that line our Nation's Southern border. For that 
reason, Senator Feinstein and I are today introducing the State 
Criminal Alien Assistance Program Reauthorization Act of 2003. I am 
grateful for the opportunity to work with Senator Feinstein, Senator 
Kyl, and Congressman Kolbe, who has introduced the companion to this 
bill in the House of Representatives, to correct this problem. The bill 
we are introducing today will extend the authorization of SCAAP through 
2010 and to authorize increased funding levels to ensure that States 
are not shortchanged and funding for this important program continues 
to increase.
  At a time when most states are experiencing the worst budge 
shortfalls since the Great Depression, the Federal Government must stop 
shirking the cost for what is truly a Federal responsibility. It is 
time for us to step up to the plate and reimburse states and local 
communities for the costs of our failure to adequately address illegal 
immigration.
                                 ______