Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1512) to amend the Immigration and Nationality Act to provide for compensation to States incarcerating undocumented aliens charged with a felony or two or more misdemeanors.…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1512) to amend the Immigration and Nationality Act to provide for compensation to States incarcerating undocumented aliens charged with a felony or two or more misdemeanors.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.
I yield myself such time as I may consume.
Mr. Speaker, today we act to restore the State Criminal Alien Assistance Program or SCAAP, to its original meaning, that which Congress originally intended it to have. Introduced by myself, H.R. 1512 will help States obtain much-needed reimbursement for the costs of detaining deportable immigrants charged with or convicted of certain criminal offenses.
SCAAP was created in 1994 to reimburse States and localities for arrest, incarceration and transportation costs incurred in detaining criminal aliens. From the program's inception until 2003, States were able to obtain reimbursement for the costs of detaining deportable illegal immigrants charged with a felony or two or more misdemeanors.
In 2003, however, DOJ reinterpreted the SCAAP statute to require that a criminal alien be actually convicted of a felony or two misdemeanors. Moreover, the reimbursement must be requested in the year in which the conviction takes place, and is limited to that 1 year, regardless of how long the expenses are incurred.
Not surprisingly, this novel reinterpretation, which contradicted Congress' clear intent, as well as DOJ's consistent interpretation, from 1994 to 2003, caused every State's reimbursement to fall dramatically.
H.R. 1512 would amend the Immigration and Nationality Act to return SCAAP to its originally intended meaning. States and localities would be reimbursed for the cost of incarcerating criminal aliens who are either ``charged with or convicted'' of a felony or two misdemeanors regardless of when the incarceration and conviction occur.
H.R. 1512 corrects the current administration's errant reinterpretation of the law and provides States and localities burdened by the costs of jailing criminal aliens the opportunity to apply for and receive much-needed reimbursement for the costs they bear from detaining deportable immigrants charged with crimes.
The bill has broad bipartisan support and the support of many respected law enforcement groups.
I would like to especially commend Zoe Lofgren, Chair of the Immigration subcommittee and Steve King, the Subcommittee ranking member, for their leadership in helping bring this bill to the floor today.
I urge my colleagues to support this bill.
I reserve the balance of my time.
Mr. Speaker, I reserve the right to close.
Mr. Speaker, you know, immigration is probably the signature Federal policy issue. Try as they might, States simply can't fix failures in Federal immigration policy on their own.
But when we fall down on the job, States, cities and counties bear the burden for an immigration system that simply doesn't work. While Congress is working on a comprehensive solution to our broken immigration system, we must not forget about the local governments who are paying an extremely high cost as a result of our inaction.
In 1994, Congress passed the State Criminal Alien Assistance Program, SCAAP, to reimburse States and localities for the arrest and incarceration and transportation costs associated with criminal aliens, averting a tidal wave of expenses that could have overwhelmed the State and local budgets.
However, in 2003, the Department of Justice reinterpreted the SCAAP statute and caused a drastic drop in every State's reimbursement. Now States no longer receive reimbursements unless, first, the criminal alien is convicted of a criminal felony and two misdemeanors; and, second, the arrest and conviction occur in the same year.
To add insult to injury, President Bush has zeroed out SCAAP in his budget proposals for the last 6 years. This means that State and local governments are left to pick up the tab. Every dollar reduction in SCAAP reimbursements means one less dollar that law enforcement agencies have to hire new officers, provide essential training, make critical equipment purchases and detain other, perhaps more violent, inmates.
Following the SCAAP funding cuts in 2003, the LA County Sheriff's Department implemented a new early-release policy for inmates convicted of misdemeanors. This means the neighborhoods I represent in Southern California are at risk.
Sadly, these communities are not alone. Across the country, the SCAAP reimbursement cuts have had a domino effect, where funding for anti- gang activities, homicide investigations, anti-terrorism activities and even basic maintenance is cut to pay for expenses associated with incarcerating criminal aliens and suspected criminal aliens.
As Arizona county supervisors recently stated, ``This is a huge problem because we can't keep up with fixing roads, the other costs of law enforcement, and keeping up with health agencies.''
While this bill on its own won't solve the fiscal crisis many States now face, it will help in the long term by covering a greater share of costs that
properly belonged to the Federal Government.
H.R. 1512 amends the SCAAP statute so that States and localities can be reimbursed for the cost of incarcerating aliens who are either charged with or convicted of a felony or two misdemeanors, just like it was before the DOJ's reinterpretation in 2003. This Federal investment will allow State and local law enforcement agencies to devote more resources to important public safety programs.
Law enforcement agencies and coalitions from all over the country, including the U.S.-Mexico Border Counties Coalition, the National Association of Counties, the California State Association of Counties, the Sheriffs' Association of Texas and the Virginia Sheriffs' Association support this bipartisan legislation.
Lastly, I want to offer thanks and gratitude to my colleagues on both sides of the aisle for passing this bill unanimously through the Judiciary Committee and for bringing it to the floor today without any amendments. We may not agree on many aspects of immigration policy, but this bill accomplishes a larger goal, making our community safer. For that reason, I appreciate your support.
I urge my colleagues to support their local law enforcement agencies by voting for this bill.
I yield back the remainder of my time.