Speech #980219450

Mr. Chairman. this amendment provides 100 percent reimbursement to States and local jurisdictions for their costs associated with the detention or imprisonment of aliens either charged with or convicted by States of crimes. including petty crimes. I understand the gentlemans rationale for this is that where an undocumented alien here because of a failure of U.S. policy has been arrested and convicted of a felony and incarcerated. that that cost should not be borne by a State or local jurisdiction. but that there should be Federal reimbursement because it is. in a sense. our fault that the individual is here. What concerns me is that rationale should not be extended beyond the undocumented. Amendment 65 as drafted applies to all aliens with the following single exception: aliens lawfully admitted for permanent residence. The following classes of aliens appear to be covered by the reimbursement provisions of the amendment: (1) Aliens during the time period of lawful temporary residence under the legalization provisions. (2) All classifications of nonimmigrants Including: "B" visitors for business or pleasure. "C" aliens in transit. "D" alien crewmen. "E" aliens entering pursuant to a treaty of commerce and navigation and certain relatives of such aliens. "F" and "M" students and certain relatives. "H" aliens of distinguished merit coming temporarily to perform services. temporary workers. and persons coming temporarily as trainees. plus certain relatives. "I" foreign media personnel and certain relatives. "J" exchange visitors and certain relatives. "K" the financees or finances of citizens and minor children of financees or finances. "L" intracompany transferees and certain relatives. (3) Refugees and asylees before obtaining permanent residence. (4) Persons paroled into the United States. (5) Persons granted extended voluntary departure status or indefinite stays of deportation. (6) Illegal aliens. Amendment No. 65. in contrast to State legalization assistance provisions of H.R. 1510. does not attempt to reimburse States for costs associated with the implementation of the Immigration Reform and Control Act of 1983but rather transfers to the Federal Government a responsibility presently borne by the States. Employer sanctions. if successful. will discourage the illegal entry of aliensand thus reduce rather than increase detention costs for future illegal aliens who may violateor be charged with violatingState laws. What I am suggesting to the gentleman is that Federal assumption of the costs incurred by States for the detention of all aliensexcept permanent resident aliensconvicted or merely charged with crimes. not just felonies. is really overly broad. I do. however. see a responsibility for that one category of the undocumented. The subject of undocumented aliens. after all. is what this bill addresses. We appropriately can address the costs incurred if an undocumented individual is convicted of a crime in a nonFederal jurisdiction. I would like to say to the gentleman that I will do my best in the conference to see that the provision in the Senate bill is narrowed to this one category which fits the rationale the gentleman has stated that this is a Federal responsibility. It just does not apply to refugees and nonimmigrants because those people come here lawfully and it is all agreed to under our ceilings and under our laws.