§ 1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals

• (a) 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) An illegal alien referred to in subsection (a) 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,
• (c) A Marielito Cuban convicted of a felony referred to in subsection (a) 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,
• (d) There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.
• (e) The term “State” has the meaning given such term in section 1101(a)(36) of this title .