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.