Scott Gardner Act

Scott Gardner Act - Amends the Immigration and Nationality Act to direct the Attorney General (DOJ) to take into custody an alien who is unlawfully in the United States and is arrested by a state or local law enforcement officer for driving while intoxicated or a similar violation. Directs the officer, upon reasonable grounds to believe the individual is an alien, to: (1) verify the individual's immigration status, and (2) take into custody for federal transfer an individual who is unlawfully in the United States.

Directs the Secretary of Homeland Security (DHS) to reimburse states and localities for related transportation costs when such transportation is not done in the course of normal duties.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3808 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3808

To amend the Immigration and Nationality Act with respect to detention 
  of unlawfully present aliens who are apprehended for driving while 
                  intoxicated, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2012

 Mrs. Myrick (for herself, Mr. Coble, and Mr. McIntyre) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act with respect to detention 
  of unlawfully present aliens who are apprehended for driving while 
                  intoxicated, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scott Gardner Act''.

SEC. 2. DETENTION AND REMOVAL OF ALIENS APPREHENDED FOR DRIVING WHILE 
              INTOXICATED (DWI).

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by adding ``or'' at the 
                end; and
                    (C) by adding after subparagraph (D) the following:
                    ``(E) is unlawfully present in the United States 
                and is apprehended for driving while intoxicated, 
                driving under the influence, or similar violation of 
                State law (as determined by the Secretary of Homeland 
                Security) by a State or local law enforcement 
                officer,'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Driving While Intoxicated.--If a State or local law 
enforcement officer apprehends an individual for an offense described 
in subsection (c)(1)(E) and the officer has reasonable ground to 
believe that the individual is an alien--
            ``(1) the officer shall verify with the databases of the 
        Federal Government, including the National Criminal Information 
        Center and the Law Enforcement Support Center, whether the 
        individual is an alien and whether such alien is unlawfully 
        present in the United States; and
            ``(2) if any such database indicates that the individual is 
        an alien unlawfully present in the United States--
                    ``(A) a State or local law enforcement officer is 
                authorized to issue a Federal detainer to maintain the 
                alien in custody in accordance with such agreement 
                until the alien is convicted for such offense or the 
                alien is transferred to Federal custody;
                    ``(B) the officer is authorized to transport the 
                alien to a location where the alien can be transferred 
                to Federal custody and shall be removed from the United 
                States in accordance with applicable law; and
                    ``(C) the Secretary of Homeland Security shall--
                            ``(i) reimburse the State and local law 
                        enforcement agencies involved for the costs of 
                        transporting aliens when such transportation is 
                        not done in the course of their normal duties; 
                        and
                            ``(ii) prioritize removal of such 
                        aliens.''.
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