---
kind: "section"
citation: "8 U.S.C. § 1365"
title: "8"
title_heading: "Aliens and Nationality"
number: "1365"
heading: "Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1365"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter II — Immigration"
  - "Part IX — Miscellaneous"
---

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

- (a) **Reimbursement of States—** Subject to the amounts provided in advance in appropriation Acts, the [Attorney General](/usc/8/1101.md?p=a-5) shall reimburse a [State](/usc/8/1101.md?p=a-36) for the costs incurred by the [State](/usc/8/1101.md?p=a-36) for the imprisonment of any illegal [alien](/usc/8/1101.md?p=a-3) or Cuban [national](/usc/8/1101.md?p=a-21) who is convicted of a felony by such [State](/usc/8/1101.md?p=a-36).
- (b) **Illegal aliens convicted of a felony—** An illegal [alien](/usc/8/1101.md?p=a-3) referred to in [subsection (a)](#a) is any [alien](/usc/8/1101.md?p=a-3) who is any [alien](/usc/8/1101.md?p=a-3) convicted of a felony who is in the [United States](/usc/8/1101.md?p=a-38) unlawfully and—
  - (1) whose most recent entry into the [United States](/usc/8/1101.md?p=a-38) was without inspection, or
  - (2) whose most recent [admission](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38) 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,

    before the date of the commission of the crime for which the [alien](/usc/8/1101.md?p=a-3) is convicted.

- (c) **Marielito Cubans convicted of a felony—** A Marielito Cuban convicted of a felony referred to in [subsection (a)](#a) is a [national](/usc/8/1101.md?p=a-21) of Cuba who—
  - (1) was allowed by the [Attorney General](/usc/8/1101.md?p=a-5) to come to the [United States](/usc/8/1101.md?p=a-38) in 1980,
  - (2) after such arrival committed any violation of [State](/usc/8/1101.md?p=a-36) 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](/usc/8/1101.md?p=a-3) lawfully [admitted](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38)—
    - (A) for [permanent](/usc/8/1101.md?p=a-31) or temporary [residence](/usc/8/1101.md?p=a-33), or
    - (B) under the terms of an [immigrant visa](/usc/8/1101.md?p=a-16) or a [nonimmigrant visa](/usc/8/1101.md?p=a-26) issued,

    under the laws of the [United States](/usc/8/1101.md?p=a-38).

- (d) **Authorization of appropriations—** There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.
- (e) **“State” defined—** The term “[State](/usc/8/1101.md?p=a-36)” has the meaning given such term in [section 1101(a)(36) of this title](/usc/8/1101.md?p=a-36).

## Source credit

(Pub. L. 99–603, title V, § 501, Nov. 6, 1986, 100 Stat. 3443.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter.

### Statutory Notes and Related Subsidiaries

### Regulations

Pub. L. 103–317, title VIII, Aug. 26, 1994, 108 Stat. 1778, provided in part: “That the Attorney General shall promulgate regulations to (a) prescribe requirements for program participation eligibility for States, (b) require verification by States of the eligible incarcerated population data with the Immigration and Naturalization Service, (c) prescribe a formula for distributing assistance to eligible States, and (d) award assistance to eligible States”.

[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.]