[Congressional Record Volume 154, Number 75 (Wednesday, May 7, 2008)]
[Extensions of Remarks]
[Page E851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROVIDING FOR COMPENSATION TO STATES INCARCERATING UNDOCUMENTED ALIENS

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON-LEE

                                of texas

                    in the house of representatives

                          Tuesday, May 6, 2008

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 1512, to amend the Immigration and Nationality Act to provide 
for compensation to States incarcerating undocumented aliens charged 
with a felony or two or more misdemeanors, introduced by my 
distinguished colleague from California, Representative Linda Sanchez, 
of which I am a proud cosponsor.
  Mr. Speaker, for over a decade, the States have gone through 
difficult budgetary times and sometimes the federal government has not 
done enough to pay its fair share when the States have partnered with 
it. I am glad H.R. 1512 is a step in the right direction.
  The State Criminal Alien Assistance Program (SCAAP) was created in 
1994 to reimburse States and localities for the arrest, incarceration, 
and transportation costs associated with criminal aliens. Currently 
States and localities are only able to be reimbursed for incarcerating 
criminal aliens who are ``convicted of a felony or two or more 
misdemeanors'' and be incarcerated for at least four consecutive days.
  In 2003, the Department of Justice (DOJ) reinterpreted the SCAAP 
statute in a way that caused a drastic drop in every State's 
reimbursement. Now States no longer receive reimbursement unless (1) 
the criminal alien is convicted of a felony or two misdemeanors; and 
(2) the arrest and conviction occurred in the same fiscal year.
  I commend Congresswoman Sanchez for introducing H.R. 1512, a 
bipartisan bill which exemplifies the spirit in which we should 
approach many challenges in the immigration field. H.R. 1512 would 
amend the Immigration and Nationality Act so that States and localities 
can be reimbursed for the cost of incarcerating aliens who are either 
``charged with or convicted'' of a felony or two misdemeanors 
regardless of the fiscal year of the incarceration and conviction.
  Mr. Speaker, it is important that H.R. 1512 has been endorsed by the 
National Sheriffs' Association and the U.S./Mexico Coalition of Border 
Counties.
  The SCAAP program is administered by the Bureau of Justice Assistance 
(BJA), which is part of DOJ's Office of Justice Programs (OJP). The 
Department of Homeland Security (DHS) aids BJA in administering the 
program.
  Mr. Speaker, H.R 1512 is an important step toward fulfilling our 
federal government's obligations to States, many experiencing budgetary 
pressures, including when partnering with the Federal Government in the 
immigration field. I urge all my colleagues to join me in supporting 
this important legislation.

                          ____________________