
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1365]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 1365. Reimbursement of States for costs of incarcerating 
        illegal aliens and certain Cuban nationals
        

(a) Reimbursement of States

    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) Illegal aliens convicted of a felony

    An illegal alien referred to in subsection (a) of this section 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,

    before the date of the commission of the crime for which the alien 
    is convicted.

(c) Marielito Cubans convicted of a felony

    A Marielito Cuban convicted of a felony referred to in subsection 
(a) of this section 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,

    under the laws of the United States.

(d) Authorization of appropriations

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

(e) ``State'' defined

    The term ``State'' has the meaning given such term in section 
1101(a)(36) of this title.

(Pub. L. 99-603, title V, Sec. 501, Nov. 6, 1986, 100 Stat. 3443.)

                          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.


                               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''.
