§1365 — Title 8 Aliens and Nationality | U.S. Code

Summary

The Attorney General must pay back a State for the cost of jailing someone who is convicted of a felony, if Congress has put money aside for it. The payment covers certain illegal immigrants and certain Cuban nationals. An eligible illegal immigrant is someone in the U.S. unlawfully whose last entry was without inspection, or who came as a nonimmigrant and then stayed past their allowed time or whose unlawful status was known to the government. An eligible Cuban (a "Marielito") is a Cuban who was allowed to come in 1980, later broke a state or local law and got a jail term, and was not lawfully admitted for residence or under an immigrant or nonimmigrant visa at arrival and at the time of the crime. The word "State" has the meaning given in federal immigration law (8 U.S.C. 1101(a)(36)).

Title 8, §1365

Aliens and Nationality — Source: USLM XML via OLRC

(a)Subject to the amounts provided in advance in appropriation Acts, the Attorney General shall reimburse a State for the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State.

(b)An illegal alien referred to in subsection (a) is any alien who is any alien convicted of a felony who is in the United States unlawfully and—

(1)whose most recent entry into the United States was without inspection, or

(2)whose most recent admission to the United States was as a nonimmigrant and—

(A)whose period of authorized stay as a nonimmigrant expired, or

(B)whose unlawful status was known to the Government,

(c)A Marielito Cuban convicted of a felony referred to in subsection (a) is a national of Cuba who—

(1)was allowed by the Attorney General to come to the United States in 1980,

(2)after such arrival committed any violation of State or local law for which a term of imprisonment was imposed, and

(3)at the time of such arrival and at the time of such violation was not an alien lawfully admitted to the United States—

(A)for permanent or temporary residence, or

(B)under the terms of an immigrant visa or a nonimmigrant visa issued,

(d)There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.

(e)The term “State” has the meaning given such term in section 1101(a)(36) of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 103–317, title VIII, Aug. 26, 1994, 108 Stat. 1778, provided in part: “That the Attorney General shall promulgate

Regulations

to (a) prescribe requirements for program participation eligibility for States, (b) require verification by States of the eligible incarcerated population data with the Immigration and Naturalization Service, (c) prescribe a formula for distributing assistance to eligible States, and (d) award assistance to eligible States”. [For abolition of Immigration and Naturalization Service,

Transfer of Functions

, and treatment of related references, see note set out under section 1551 of this title.]

§1365 Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals

Summary

Title 8, §1365

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Regulations

Regulations

Transfer of Functions

Citations & Metadata