A bill to strengthen border security, increase resources for enforcement of immigration laws, and for other purposes.

II 116TH CONGRESS 1ST SESSION S. 1470 To strengthen border security, increase resources for enforcement of immigration laws, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 14, 2019 Ms. MCSALLY (for herself, Mr. CORNYN, Mrs. BLACKBURN, and Mr. COTTON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To strengthen border security, increase resources for enforcement of immigration laws, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. STATE CRIMINAL ALIEN ASSISTANCE PRO- 3 GRAM. 4 Section 241(i) of the Immigration and Nationality 5 Act (8 U.S.C. 1231(i)) is amended— 6 (1) in paragraph (1)— 7 (A) by inserting ‘‘AUTHORIZATION.—’’ be- 8 fore ‘‘If the chief’’; 9 VerDate Sep 11 2014 02:21 May 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470 kjohnson on DSK79L0C42 with BILLS 2 •S 1470 IS (B) in the matter preceding subparagraph 1 (A), by inserting ‘‘and medical expenses’’ after 2 ‘‘incarceration’’; and 3 (C) by inserting ‘‘or an alien with an un- 4 known status’’ after ‘‘undocumented criminal 5 alien’’ each place that term appears; 6 (2) by striking paragraphs (2) and (3) and in- 7 serting the following: 8 ‘‘(2) COMPENSATION.— 9 ‘‘(A) COMPENSATION OF STATE FOR IN- 10 CARCERATION.—The Attorney General shall 11 compensate a State or political subdivision of a 12 State referred to in paragraph (1)(A), in ac- 13 cordance with subparagraph (B), for the incar- 14 ceration of an alien— 15 ‘‘(i) whose immigration status cannot 16 be verified by the Secretary of Homeland 17 Security; and 18 ‘‘(ii) who would otherwise be an un- 19 documented criminal alien if the alien is 20 unlawfully present in the United States. 21 ‘‘(B) CALCULATION OF COMPENSATION.— 22 Compensation under subparagraph (A) shall be 23 equal to the average cost of incarceration of a 24 VerDate Sep 11 2014 02:21 May 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470 kjohnson on DSK79L0C42 with BILLS 3 •S 1470 IS prisoner in the relevant State, as determined by 1 the Attorney General. 2 ‘‘(3) DEFINITIONS.—In this subsection: 3 ‘‘(A) ALIEN WITH AN UNKNOWN STA- 4 TUS.—The term ‘alien with an unknown status’ 5 means an individual— 6 ‘‘(i) who has been incarcerated by a 7 Federal, State, or local law enforcement 8 entity; and 9 ‘‘(ii) whose immigration status cannot 10 be definitively identified. 11 ‘‘(B) UNDOCUMENTED CRIMINAL ALIEN.— 12 The term ‘undocumented criminal alien’ means 13 an alien who— 14 ‘‘(i) has been charged with or con- 15 victed of a felony or 2 misdemeanors; and 16 ‘‘(ii)(I) entered the United States 17 without inspection or at any time or place 18 other than as designated by the Secretary 19 of Homeland Security; 20 ‘‘(II) was the subject of exclusion or 21 deportation or removal proceedings at the 22 time he or she was taken into custody by 23 the State or a political subdivision of the 24 State; or 25 VerDate Sep 11 2014 02:21 May 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470 kjohnson on DSK79L0C42 with BILLS 4 •S 1470 IS ‘‘(III) was admitted as a non- 1 immigrant and, at the time he or she was 2 taken into custody by the State or political 3 subdivision— 4 ‘‘(aa) failed to maintain the non- 5 immigrant status in which the alien 6 was admitted or to which it was 7 changed under section 248; or 8 ‘‘(bb) failed to comply with the 9 conditions of any such status.’’; 10 (3) in paragraph (4), by inserting ‘‘and aliens 11 with an unknown status’’ after ‘‘undocumented 12 criminal aliens’’ each place that term appears; 13 (4) by striking paragraphs (5) and (6) and in- 14 serting the following: 15 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 16 ‘‘(A) IN GENERAL.—There are authorized 17 to be appropriated $950,000,000 for each of 18 the fiscal years 2020 through 2024 to carry out 19 this subsection. 20 ‘‘(B) LIMITATION.—Amounts appropriated 21 pursuant to subparagraph (A) that are distrib- 22 uted to a State or a political subdivision of a 23 State, including a municipality, may be used 24 only for correctional purposes.’’; and 25 VerDate Sep 11 2014 02:21 May 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470 kjohnson on DSK79L0C42 with BILLS 5 •S 1470 IS (5) by adding at the end the following: 1 ‘‘(6) DISTRIBUTION OF REIMBURSEMENT.—Any 2 amounts provided to a State or a political subdivi- 3 sion of a State as compensation under paragraph 4 (1)(A) for a fiscal year shall be distributed to such 5 State or political subdivision not later than 120 days 6 after the last day of the period specified by the At- 7 torney General for the submission of requests under 8 that paragraph for that fiscal year.’’. 9 Æ VerDate Sep 11 2014 02:21 May 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1470.IS S1470 kjohnson on DSK79L0C42 with BILLS