[Congressional Record Volume 155, Number 3 (Thursday, January 8, 2009)]
[Senate]
[Page S215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       By Mrs. FEINSTEIN (for herself, Mr. Kyl, Mrs. Boxer, Mrs. 
        Hutchison, Mr. Schumer, Mr. Cornyn, Mr. Durbin, Mr. Crapo, Mr. 
        Bingaman, Mr. Specter, Ms. Cantwell, and Mr. McCain):
  S. 168. A bill to amend the Immigration and Nationality Act to 
provide for compensation to States incarcerating undocumented aliens 
charged with a felony or 2 or more misdemeanors; to the Committee on 
the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today the Senate Judiciary Committee 
held a hearing entitled ``Helping State and Local Law Enforcement 
During an Economic Downturn.'' Today Senator Kyl and I are introducing 
a bill that will do just that. The SCAAP Reimbursement Protection Act 
of 2009 will help to alleviate the costs of illegal immigration to 
State and local governments by broadening the State Criminal Alien 
Assistance Program, SCAAP, to ensure that States and localities are 
eligible for reimbursement of the costs associated with incarcerating 
criminal aliens.
  We are joined today by Senators Boxer, Hutchinson, Schumer, Cornyn, 
Durbin, Crapo, Bingaman, Specter, Cantwell, and McCain.
  The burden of incarcerating criminal aliens weighs heavily on States, 
especially during this time of economic uncertainty. California is home 
to approximately 32 percent of the Nation's illegal immigrants and 
spent over $950 million in 2008 alone to house these criminal aliens.
  Understanding the expenses that States and localities bear, Congress 
enacted SCAAP in 1994 to help reimburse States and localities for the 
costs of incarcerating criminal aliens. Prior to 2003, the Department 
of Justice interpreted the SCAAP statute to include reimbursement to 
States and localities that are incurring costs of incarcerating 
undocumented criminal aliens who have been accused or convicted of 
State and local offenses and have been incarcerated for a minimum of 72 
hours. After 2003, DOJ limited reimbursement to the amount States and 
localities spend incarcerating convicted criminal aliens for at least 4 
consecutive days.
  Reimbursing States and localities only for the costs when a criminal 
alien is convicted and incarcerated for 4 consecutive days 
significantly undermines the goal of SCAAP that States and localities 
should not bear the burden of a broken Federal immigration system. The 
actual costs of this failed Federal system begin when these aliens are 
charged with a crime, transported, and incarcerated for any length of 
time.
  This narrow interpretation is even more devastating because SCAAP is 
consistently under-funded. The President has zeroed out SCAAP funding 
in his budget proposals for the past 7 years. Through bipartisan 
support, Congress was only able to partially fund the program.
  As a result, SCAAP only reimburses States for a fraction of the costs 
of incarcerating criminal aliens. In 2008, the California State 
government will receive approximately $118 million in SCAAP funding. 
However, it is estimated to cost the State approximately $960 million 
each year for the incarceration of criminal aliens in California--$842 
million above the reimbursement amount. The State of California is 
therefore only being reimbursed for approximately 12 percent of its 
actual costs to incarcerate illegal criminal aliens.
  This cut has had a domino effect on public safety funding. For every 
dollar less that SCAAP reimburses States, a dollar less is available 
for critical public safety services. For example, after the SCAAP 
funding cuts in 2003, the Los Angeles County Sheriff's Department 
implemented an ``early release'' policy for prisoners convicted of 
misdemeanors.
  I believe it is the Federal Government's responsibility to control 
illegal immigration. The funding cuts imposed by the Bush 
administration have let our local public safety services down, and have 
made our communities less safe.
  The SCAAP Reimbursement Protection Act of 2009 is good federal policy 
to fix a failed Federal one--so that States are reimbursed for the full 
costs of incarcerating aliens who are either charged with or convicted 
of a felony or two misdemeanors.
  This policy has the support of the National Sheriffs' Association, 
California State Association of Counties, the U.S./Mexico Border 
Counties Coalition, the Virginia Sheriffs' Association, the Los Angeles 
County Sheriff Lee Baca, and the Sheriffs' Association of Texas, who 
have all endorsed the bill I am reintroducing today.
  Our colleagues in the House unanimously passed this companion bill 
last Congress and I urge my colleagues in this chamber to join me in 
supporting this much needed amendment to the SCAAP statute.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 168

       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 ``SCAAP Reimbursement 
     Protection Act of 2009''.

     SEC. 2. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED 
                   ALIENS CHARGED WITH CERTAIN CRIMES.

       Section 241(i)(3)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1231(i)(3)(A)) is amended by inserting ``charged 
     with or'' before ``convicted''.
                                 ______