[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1459 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1459

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 2011

  Mrs. Myrick (for herself 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, to improve State and local enforcement of immigration 
                     laws, 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.''.

SEC. 3. ELIGIBILITY REQUIREMENT FOR STATE CRIMINAL ALIEN ASSISTANCE 
              PROGRAM (SCAAP) FUNDING.

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended by adding at the end the following:
            ``(7) A State (or a political subdivision of a State) shall 
        not be eligible to enter into a contractual arrangement under 
        paragraph (1) unless the State (or political subdivision), not 
        later than January 1, 2014, is participating in either or both 
        of the following (or any appropriate successor):
                    ``(A) the program under section 287(g) of the 
                Immigration and Nationality Act (8 U.S.C. 1357(g)); or
                    ``(B) the Secure Communities initiative of the 
                Department of Homeland Security.''.

SEC. 4. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

    (a) In General.--Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended--
            (1) in paragraph (1), by striking ``may'' and inserting 
        ``shall'' the first place it appears;
            (2) in paragraph (2), by adding at the end the following 
        new sentence: ``If such training is provided by a State or 
        political subdivision of a State to an officer or employee of 
        such State or political subdivision of a State, the cost of 
        such training (including applicable cost of overtime) shall be 
        reimbursed by the Secretary of Homeland Security.''; and
            (3) by striking paragraph (9) and redesignating paragraph 
        (10) as paragraph (9).
    (b) Effective Dates.--
            (1) Requirement for agreement.--The amendments made by 
        paragraphs (1) and (3) of subsection (a) shall take effect on 
        such date (not later than one year after the date of the 
        enactment of this Act) as the Secretary of Homeland Security 
        shall specify.
            (2) Payment for training costs.--The amendment made by 
        subsection (a)(2) shall take effect on the first day of the 
        first fiscal year beginning after the date of the enactment of 
        this Act.
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