[Congressional Record Volume 154, Number 76 (Thursday, May 8, 2008)]
[Extensions of Remarks]
[Page E858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page E858]]
 PROVIDING FOR COMPENSATION TO STATES INCARCERATING UNDOCUMENTED ALIENS

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                               speech of

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                          Tuesday, May 6, 2008

  Mr. UDALL of Colorado. Mr. Speaker, I am a cosponsor of this 
important legislation, which will help State and local governments in 
Colorado by reimbursing them for the costs of holding aliens charged 
with crimes.
  The State Criminal Alien Assistance Program, or SCAAP, was originally 
created to provide financial assistance to States and localities for 
costs they incur as a result of incarcerating criminal aliens. However, 
now they are only reimbursed for a portion of these expenditures.
  H.R. 1512 amends the law to reflect the original intent of Congress, 
namely to provide financial assistance to States and localities for 
costs they incur as a result of incarcerating aliens who are either 
charged with or convicted of a felony or two misdemeanors.
  The SCAAP program was created in 1994. It is administered by the 
Bureau of Justice Assistance, BJA, part of the Justice Department's 
Office of Justice Programs OJP. The Department of Homeland Security 
aids BJA in administering the program by verifying the immigration 
status (or lack of status) of those for whom States seek reimbursement.
  Current law authorizes the appropriation of $950 million annually 
over the 2008-2011 period for SCAAP. For fiscal year 2007, the 
authorization level for the program was $850 million, and the Congress 
appropriated about $400 million. In 2007, however, States and 
localities applied to SCAAP for reimbursements totaling over $950 
million.
  In 2003, the Department of Justice reinterpreted the statute 
establishing SCAAP so that reimbursement is made only if: (1) the 
criminal alien is convicted of a felony or two misdemeanors; and (2) 
the arrest and conviction occurred in the same fiscal year. The result 
has been a drastic reduction in the amount of reimbursements received 
by Colorado and other States.
  H.R. 1512 restores SCAAP as it was originally intended by permitting 
States and localities to be reimbursed for the costs 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.
  I have long supported making this overdue change, which will help 
many Colorado jurisdictions, and I urge approval of this essential 
measure.

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