II Calendar No. 607 110th CONGRESS 2d Session S. 2722 IN THE SENATE OF THE UNITED STATES March 5, 2008 Mrs. Dole introduced the following bill; which was read the first time March 6, 2008 Read the second time and placed on the calendar A BILL To prohibit aliens who are repeat drunk drivers from obtaining legal status or immigration benefits.

1.

Short title

This Act may be cited as the Safe Roads Enhancement Act of 2008.

2.

Aggravated felony drunk driving offenses

Section 101(a)(43)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended to read as follows: (F)(i)a crime of violence (as defined in section 16 of title 18, United States Code) for which the term of imprisonment is at least 1 year, except for a purely political offense; or (ii)a third conviction for driving while intoxicated (including any conviction for driving while under the influence of, or impaired by, alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under State law. .

3.

Inadmissibility and deportability of drunk drivers

(a)

Inadmissibility

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: (J)

Drunk drivers

(i)

In general

Any alien who has been convicted of driving while intoxicated (including any conviction for driving while under the influence of, or impaired by, alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under State law, for which the term of imprisonment is at least 1 year, is inadmissible. (ii)

Exceptions

Clause (i) shall not apply to any nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15). . (b)

Deportability

Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: (F)

Drunk drivers

(i)

In general

Any alien who has been convicted of driving while intoxicated (including any conviction for driving while under the influence of, or impaired by, alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under State law, for which the term of imprisonment is at least 1 year, is deportable. (ii)

Exceptions

Clause (i) shall not apply to any nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15). . (c)

Effective date

The amendments made by subsections (a) and (b)— (1)shall take effect on the date of the enactment of this Act; and (2)shall apply to— (A)any act or conviction that occurred before, on, or after such date; and (B)any application or petition for a benefit, relief, waiver, or other matter under the immigration laws of the United States, which is pending or was filed on or after such date.

March 6, 2008 Read the second time and placed on the calendar