Associated Press

PHOENIX (AP) - Gov. Janet Napolitano will continue to press for federal reimbursements for imprisoning criminal illegal immigrants as she weighs options that include trying to turn over the inmates to federal authorities, an aide said Friday.

However, Napolitano's next step will be to try to discuss the issue directly with U.S. Attorney General Alberto Gonzales, said Napolitano general counsel Tim Nelson.

``She's not going to let this issue go until we get some relief,'' Nelson told The Associated Press.

Napolitano earlier Friday criticized a Justice Department official's response to February invoices she sent Gonzales to demand nearly $118 million for unreimbursed costs.

In a letter that accompanied the invoices, Napolitano had said the federal government should take custody of the inmates if it doesn't provide full reimbursement.

Arizona has been dogged in recent years by a heavy flow of illegal immigrants after the government tightened border enforcement in Texas and California during the mid-1990s.

In a letter released Friday by Napolitano's office, a Justice Department official responded to the invoices by saying the department didn't have enough money in its State Criminal Alien Assistance Program budget to reimburse state and local governments for all costs.

States and local governments get partial reimbursements based a formula, largely computed from the number of illegal immigrant inmates, said Domingo S. Herraiz, director of the Bureau of Justice Assistance.

Napolitano called the letter ``yet another excuse from the federal government why they haven't paid their fair share of the cost of imprisoning inmates for which they are responsible.''

In the 2004 fiscal year, the state was entitled to receive $71 million but only received $6.8 million, Napolitano said.

The inmates are imprisoned in Arizona prisons because of the federal government's failure to secure the border, Napolitano added. ``Arizona taxpayers continue to shoulder the financial burden for the federal government's failed immigration policies.''

Nelson said the state is not considering mass releases of prisoners into Mexico - ``certainly not with respect to dangerous criminals or people who are drug runners'' or those likely to return to Arizona.

However, other options include trying to turn over immigrant criminals to the federal government, he said. ``There are a lot of options and that's one of them.''

Before considering that option or going to court to sue for reimbursement, Napolitano will push to speak directly with Gonzales, Nelson said Friday. ``That's the next step.''

Napolitano's push for federal reimbursements come as Arizona legislators consider a bill to have a private prison built in Mexico to house illegal immigrant criminals now incarcerated in Arizona.

Supporters have promoted the idea as a way to reduce the state's costs of imprisoning the up to 4,000 illegal immigrant criminals now in state prisons.

The bill (HB2709) awaits a formal House vote after receiving preliminary approval Thursday. Passage would send it to the Senate.

Representatives of two state agencies under Napolitano's control took neutral positions on the bill during a Feb. 1 hearing but raised concerns about jurisdiction and insurance issues.