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Aliens in Prison - The Federal Response to a New Criminal Justice Emergency

NCJ Number
97711
Journal
Detroit College of Law Review Volume: 1983 Issue: 4 Dated: (Winter 1983) Pages: 1163-1169
Author(s)
A M D'Amato
Date Published
1983
Length
7 pages
Annotation
Senator d'Amato discusses his proposed amendment to Senate Bill 529, the Immigration Reform and Control Act, which requires the Federal Government to reimburse States for the costs of incarcerating certain classes of aliens convicted of felonies.
Abstract
In 1983, New York State held 800 aliens in its overcrowded prisons. Other States have reported similar problems, and one 1983 survey suggested that there were over 4,000 aliens in State prisons. Neither holding aliens in Federal custody pending deportation nor paroling them till they could be turned over to the Immigration and Naturalization Service were workable solutions. By amending the immigration Reform and Control Act, Congress could require the Federal Government to recognize its responsibility for admitting thousands of criminal aliens who have added to the prison overcrowding crisis. The legislation would require the Federal Government to reimburse States for the costs of imprisoning illegal aliens, aliens admitted in excess of normal quotas, and aliens on temporary visas. Federal reimbursement would not be required in cases of aliens admitted under numerical quotas, who are relatives of American citizens, or diplomats. The paper includes 10 footnotes.