[Congressional Record Volume 171, Number 8 (Wednesday, January 15, 2025)]
[Senate]
[Page S193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 65. Mr. CASSIDY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. EXPANSION OF REIMBURSEMENTS UNDER STATE CRIMINAL 
                   ALIEN ASSISTANCE PROGRAM.

       (a) Reimbursements Under Immigration and Nationality Act.--
       (1) In general.--Section 241(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(i)) is amended--
       (A) by striking paragraph (2) and inserting the following:
       ``(2)(A) Except as provided in subparagraph (B), 
     compensation under paragraph (1)(A) shall be the average cost 
     of incarceration of a prisoner in the relevant State as 
     determined by the Attorney General.
       ``(B) Compensation under paragraph (1)(A) with respect to 
     an undocumented criminal alien described under paragraph 
     (3)(A) shall--
       ``(i) be provided for each day such undocumented criminal 
     alien is detained by a State or a political subdivision of a 
     State; and
       ``(ii) be equal to the average daily cost of incarceration 
     of a prisoner at facilities in the same level of security as 
     such undocumented criminal alien for the relevant State, as 
     determined by the Attorney General.''; and
       (B) in paragraph (3)--
       (i) in subparagraph (B), by redesignating clauses (ii) and 
     (iii) as subclauses (II) and (III), respectively;
       (ii) by redesignating subparagraphs (A) and (B)(i) as 
     subparagraph (B)(i) and clause (ii)(I), respectively; and
       (iii) by inserting after the matter preceding subparagraph 
     (B)(i), as so redesignated, the following:
       ``(A) is described in section 236(c)(E); or''.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out the amendments made by this 
     subsection.
       (b) Reimbursements Under Immigration Reform and Control Act 
     of 1986.--Section 501(a) of the Immigration Reform and 
     Control Act of 1986 (8 U.S.C. 1365(a)) is amended by 
     inserting ``or any alien described in section 236(c)(E) of 
     the Immigration and Nationality Act (8 U.S.C. 1226(c)(E)'' 
     after ``by such State''.
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