1.Short title; table of contents
(a)This Act may be cited as the
Scott Gardner
Act
.
(b)The table of contents for this Act is as
follows:
Sec. 1. Short title;
table of contents.
Sec. 2.
Definitions.
Sec. 3. Improved
Federal sharing of immigration information.
Sec. 4. State and
local reporting of immigration information.
Sec. 5. DWI and
immigration information in the National Criminal Information
Center.
Sec. 6. State and
local enforcement of Federal immigration laws.
Sec. 7. Detention and
deportation of aliens for driving while intoxicated.
Sec. 8. Federal
detention facilities.
2.In this Act:
(1)The term DWI means driving
while intoxicated and any similar motor vehicle violation.
(2)Federal immigration databaseThe term Federal immigration
database means—
(A)the database of the LESC insofar as it
relates to immigration information;
(B)the database of the NCIC insofar as it
relates to immigration information; and
(C)any other database containing immigration
information identified by the Secretary of Homeland Security.
(3)The term immigration
information means information specified by the Secretary, in
consultation with the Attorney General, relating to immigration, including
illegal immigration.
(4)The term LESC means the Law
Enforcement Support Center.
(5)The term NCIC means the
National Crime Information Center of the Federal Bureau of
Investigation.
(6)The term Secretary means the
Secretary of Homeland Security.
3.Improved Federal sharing of immigration
information
(a)The Secretary shall share immigration
information with the Attorney General.
(b)Improved operation of Federal immigration
databases
(1)Not later than 90 days after the date of
the enactment of this Act, the Secretary and the Attorney General shall jointly
submit to Congress a report on methods for improving performance of Federal
immigration databases to ensure the prompt entry of immigration information
into such databases.
(2)The report submitted under paragraph (1)
shall contain proposals to improve the compatibility among Federal immigration
databases in order to—
(A)improve data entry, including eliminating
data entry backlogs;
(B)improve the means by which immigration
information is exchanged; and
(C)increase accessibility of information to
Federal, State, and local law enforcement agencies.
(3)The report submitted under paragraph (1)
shall describe—
(A)the progress made in eliminating data entry
backlogs in such databases; and
(B)any additional resources required to
eliminate such backlogs.
4.State and local reporting of immigration
information
(a)
(1)Subject to subsection (c), the director of
each State and local law enforcement agency receiving Federal financial
assistance under section 241(i) of the Immigration and Nationality Act (8
U.S.C. 1231(i)) shall, as a condition of such assistance, submit a report to
the Secretary, in such form, in such manner, and containing such immigration
and DWI information collected in the course of the director’s normal duties as
the Secretary requires for entry into Federal immigration databases.
(2)Not later than 90 days after the date of
the enactment of this Act, the Secretary and the Attorney General shall jointly
submit to Congress a report on additional resources required by State and local
law enforcement agencies to comply with the requirement under paragraph
(1).
(b)Promotion of Law Enforcement Support
CenterThe Secretary shall
promote the use of the LESC by State and local law enforcement agencies.
(c)Exemption from State and local reporting
requirementState and local
law enforcement agencies are not required to collect or report immigration
information relating to any individual who assists law enforcement agencies in
the performance of the duties of such agencies, including assistance as an
informant, a witness, or in a similar capacity.
5.DWI and immigration information in the
National Criminal Information Center
(a)DWI and immigration information in the
NCIC—
(1)shall appear as a flag in the Wanted Person
File of the NCIC database; and
(2)shall be timely and readily available to
State and local law enforcement officers while they are in the course of their
normal duties.
(b)A State or local law enforcement officer
who finds a flag for a DWI and immigration violation of an alien in the Wanted
Person File of the NCIC and who arrests the alien shall detain the alien in a
State or local jail until the alien can be transferred to Federal
custody.
6.State and local enforcement of Federal
immigration laws
(a)Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended—
(1)in paragraph (1), by striking may
enter
and inserting shall enter
;
(2)in paragraph (2), by adding at the end the
following: 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
overtime costs) shall be reimbursed by the Secretary of Homeland
Security.
;
(3)by striking paragraph (9); and
(4)by redesignating paragraph (10) as
paragraph (9).
(b)Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue regulations to carry out the
amendments made by subsection (a).
(c)
(1)Requirement for agreementExcept as provided under paragraph (2), the
amendments made by subsection (a) shall take effect on the earlier of—
(A)the date on which regulations are issued
under paragraph (1); and
(B)the date that is 1 year after the date of
the enactment of this Act.
(2)Payment for training costsThe 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.
7.Detention and deportation of aliens for
driving while intoxicated
(a)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 striking the comma
at the end and inserting ; or
; and
(C)by inserting after subparagraph (D) the
following:
(E)is deportable on any grounds 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 covered under an
agreement under section
287(g),
;
(2)by redesignating subsection (e) as
subsection (f); and
(3)by inserting after subsection (d) the
following:
(e)Driving while intoxicatedIf a State or local law enforcement officer
apprehends an individual for an offense described in subsection (c)(1)(E) and
the officer has reasonable grounds to believe that the individual is an
alien—
(1)the officer shall use the databases of the
Federal Government, including the National Criminal Information Center and the
Law Enforcement Support Center, to determine if the individual—
(A)is an alien; and
(B)is unlawfully present in the United States;
and
(2)if any database under paragraph (1)
indicates that the individual is an alien unlawfully present in the United
States—
(A)an officer covered under an agreement under
section 287(g) may 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 may transport the alien to a
location where the alien can be transferred to Federal custody and removed from
the United States in accordance with applicable law; and
(C)the Secretary of Homeland Security shall
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; or
(3)if any database under paragraph (1)
indicates that the individual is an alien that is not unlawfully present in the
United States, the officer shall—
(A)take the alien into custody for such
offense in accordance with State law;
(B)promptly notify the Secretary of Homeland
Security of such apprehension; and
(C)maintain the alien in custody pending a
determination by the Secretary with respect to any action to be taken by the
Secretary against such
alien.
.
(b)Deportation for driving while
intoxicated
(1)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:
(G)Driving while intoxicatedAny alien who is convicted of driving while
intoxicated, driving under the influence, or a similar violation of State law
(as determined by the Secretary of Homeland Security), or who refuses, in
violation of State law, to submit to a Breathalyzer test or other test for the
purpose of determining blood alcohol content is deportable and shall be
deported.
.
(2)The amendment made by
paragraph (1) shall apply to violations or refusals occurring after the date of
enactment of this Act.
(c)Sharing of information by motor vehicle
administrators regarding DWI convictions and refusalsEach State motor vehicle administrator
shall—
(1)share information with the Secretary
relating to any alien who has a conviction or refusal described in section
237(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(G));
(2)share such information with other State
motor vehicle administrators through the Drivers License Agreement of the
American Association of Motor Vehicle Administrators; and
(3)provide such information to the NCIC at
such time and in such form as the Secretary may require.
8.Federal detention facilities
(a)Report on current allocation formula;
recommendations for stop-Gap measuresNot later than 90 days after the date of
the enactment of this Act, the Secretary shall submit a report to Congress that
describes the formula for allocation of Federal detention facilities for aliens
under section 241(g) of the Immigration and Nationality Act (8 U.S.C. 1231(g)).
The report shall include proposals for the temporary expansion of State and
local jails to detain increased numbers of illegal aliens pending construction
or expansion of Federal detention facilities.
(b)New construction in high concentration
areasIn accordance with such
section 241(g), the Secretary shall ensure that, to the greatest extent
practicable, construction of new detention facilities is undertaken in or near
areas in which the Secretary has determined that there is a high concentration
of illegal aliens.
(c)Authorization of
appropriationsThere are
authorized to be appropriated such sums as may be necessary to carry out this
section.