April 22, 2009SACRAMENTO – The Senate Public Safety Committee today considered legislation by Senator John J. Benoit (R-Bermuda Dunes) aimed at pressuring the federal government to pay its full share of the cost of incarcerating illegal immigrant inmates in State prisons. Receiving a 3-3 vote, Senate Bill 125 fell one vote shy of passage, but was granted reconsideration.

"My bill has gained positive momentum, as each Senator who spoke today expressed concern that California continues to be shortchanged by the federal government in this area," commented Senator Benoit. "I intend to work across the aisle to secure the fourth vote needed and continue pressing the case for our full share."

According to the United States Department of Justice, the 25,728 illegal immigrants incarcerated in California prisons comprise an estimated 15 percent of the State´s prison population, an over $900 million cost to California taxpayers this fiscal year.

Currently, the Federal Government provides only a partial "take it or leave it" payment to States through the State Criminal Alien Assistance Program (SCAAP), meaning that Californians are currently paying approximately 89% of the cost to imprison illegal immigrants. According to recent news reports, several Cabinet officials, hailing from Southwestern States, are on the record in support of increasing SCAAP payments.


"I am proud to drive this issue and pleased that several high-ranking White House officials are signaling support for increased reimbursements to the States," said Benoit. "At a time when all Californians are seeing their taxes increased, it is crucial that we vigorously pursue the hundreds of millions of dollars that are owed to us."

Benoit´s bill would require the Department of Corrections and Rehabilitation to bill the federal government annually for the full cost of incarcerating illegal immigrants. Should the federal government fail to fully compensate the State, SB 125 would require the California Attorney General to use all available legal recourses to compel the federal government to fulfill its obligations under federal law. Print Share Email Your Name

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