[Congressional Record Volume 156, Number 72 (Thursday, May 13, 2010)]
[Senate]
[Pages S3720-S3721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Kyl, Mr. Schumer, Mr. Cornyn, 
        Mrs. Boxer, Mrs. Hutchison, Mr. Bingaman, Mr. McCain, Mr. 
        Durbin, and Mr. Crapo):
  S. 3376. A bill to authorize to be appropriated $950,000,000 for each 
of the fiscal years 2012 through 2015 to carry out the State Criminal 
Alien Assistance Program; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce a bill, the SCAAP 
Reauthorization Act, on behalf of myself and Mr. Kyl, to assist with 
alleviating the costs of illegal immigration to State and local 
governments by reauthorizing the State Criminal Alien Assistance 
Program, SCAAP, though 2015.
  We are pleased to be joined today by Senators Schumer, Cornyn, Boxer, 
Hutchison, Bingaman, McCain, Durbin, and Crapo.
  I believe that immigration policy and control of our borders is 
exclusively a Federal responsibility. Yet many undocumented criminal 
aliens are housed in our State prisons and our county jails at a cost 
that rises into the hundred of millions of dollars.
  Understanding the expenses that States and localities bear, Congress 
enacted the State Criminal Alien Assistance Program, (SCAAP), in 1994 
as part of the Violent Crime Control Act. The program was designed to 
help reimburse States and localities for the costs of incarcerating 
undocumented criminal aliens. Under this program, States can be 
reimbursed for costs for housing undocumented aliens who are convicted 
of a felony or two or more misdemeanors in violation of State or

[[Page S3721]]

local law and incarcerated for at least 4 consecutive days.
  Over the years, Senator Kyl and I have worked to increase 
Congressional funding of SCAAP. Last year, Congress appropriated 393 
million dollars to SCAAP. While this is only a fraction of the costs 
that States and localities bear for housing undocumented criminal 
aliens, even this level of funding is critical.
  In 2009, undocumented aliens comprised approximately 11 percent of 
the inmates in California's State prison system. This year, the State 
of California is expected to spend 970.3 million dollars from the 
general fund on the incarceration of undocumented criminal aliens. 
However, it is expected that California will only receive reimbursement 
for 10 percent of its total costs. The State of California and its 
counties simply cannot afford to take on these costs, which stretch 
already thin budgets.
  When the Federal Government does not reimburse States and localities 
for the cost of incarcerating criminal aliens, it is at the expense of 
our local educators, social services, and law enforcement. Insufficient 
SCAAP funding forces localities to engage in the ``early release'' of 
prisoners with misdemeanors as a cost saving measure and make cuts to 
other necessary public safety services. American communities simply 
cannot afford to shoulder the weight of our immigration policies.
  I believe this legislation will reaffirm the Federal government's 
commitment to working with States and localities to address their 
financial concerns.
  Mr. President, I ask unanimous consent that the text of this 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. 3376

       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 Reauthorization Act''.

     SEC. 2. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR THE 
                   STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       Subparagraph (C) of section 241(i)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(i)(5)) is amended by 
     striking ``2011.'' and inserting ``2015.''.

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