8 U.S.C. § 1365 : US Code - Section 1365: Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals

Search 8 U.S.C. § 1365 : US Code - Section 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.
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