[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3276 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3276

   To make habitual drunk drivers inadmissible and removable and to 
  require the detention of any alien who is unlawfully present in the 
United States and has been charged with driving under the influence or 
                       driving while intoxicated.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

Mr. Grassley (for himself, Mrs. Ernst, Mr. Lee, Mr. Wicker, Mr. Vitter, 
    Mr. Hatch, Mr. Moran, Mr. Perdue, Mr. Inhofe, and Mr. Sessions) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To make habitual drunk drivers inadmissible and removable and to 
  require the detention of any alien who is unlawfully present in the 
United States and has been charged with driving under the influence or 
                       driving while intoxicated.

    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 ``Taking Action Against Drunk Drivers 
Act''.

SEC. 2. MANDATORY DETENTION FOR DRUNK DRIVERS.

    Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)(1)) is amended--
            (1) in subparagraphs (A) and (B), by striking the comma at 
        the end of each subparagraph and inserting a semicolon;
            (2) in subparagraph (C)--
                    (A) by striking ``sentence'' and inserting 
                ``sentenced''; and
                    (B) by striking ``, or'' and inserting a semicolon;
            (3) in subparagraph (D), by striking the comma at the end 
        and inserting ``; or''; and
            (4) by inserting after subparagraph (D) the following:
                    ``(E)(i)(I) was not inspected and admitted into the 
                United States;
                    ``(II) held a nonimmigrant visa (or other 
                documentation authorizing admission into the United 
                States as a nonimmigrant) that has been revoked under 
                section 221(i); or
                    ``(III) is described in section 237(a)(1)(C)(i); 
                and
                    ``(ii) has a pending charge, by a prosecuting 
                authority in the United States, of driving under the 
                influence or driving while intoxicated, under Federal 
                or State law, regardless of whether the offense is 
                classified as a felony or a misdemeanor,''.

SEC. 3. BANNING HABITUAL DRUNK DRIVERS FROM THE UNITED STATES.

    (a) Grounds for Inadmissibility.--Section 212(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (J) 
        and placing it after subparagraph (I); and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) Habitual drunk drivers.--An alien convicted 
                of 3 or more offenses for driving under the influence 
                or driving while intoxicated, under Federal or State 
                law, regardless of whether the offenses are classified 
                as felonies or misdemeanors, is inadmissible.''.
    (b) Grounds for Deportation.--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) Habitual drunk drivers.--An alien convicted 
                of 3 or more offenses for driving under the influence 
                or driving while intoxicated, under Federal or State 
                law, regardless of whether the offenses are classified 
                as felonies or misdemeanors, is deportable if at least 
                one of such offenses occurred after the date of the 
                enactment of the Taking Action Against Drunk Drivers 
                Act.''.
    (c) Definition of Aggravated Felony.--
            (1) In general.--Section 101(a)(43)(F) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended by 
        striking ``for which the term of imprisonment'' and inserting 
        ``, including a third conviction for driving under the 
        influence or driving while intoxicated, under Federal or State 
        law, regardless of whether the offense is classified as a 
        felony or a misdemeanor, for which the term of imprisonment 
        is''.
            (2) Effective date; application.--
                    (A) Effective date.--The amendment made by 
                paragraph (1) shall take effect on the date of the 
                enactment of this Act.
                    (B) Application.--
                            (i) In general.--Except as provided in 
                        clause (ii), the amendment made by paragraph 
                        (1) shall apply to a conviction for driving 
                        under the influence of alcohol or drugs that 
                        occurred before, on, or after such date of 
                        enactment.
                            (ii) Two or more prior convictions.--An 
                        alien who received 2 or more convictions for 
                        driving under the influence of alcohol or drugs 
                        before the date of the enactment of this Act 
                        may not be subject to removal for the 
                        commission of an aggravated felony pursuant to 
                        section 237(a)(2)(A)(iii) of the Immigration 
                        and Nationality Act (8 U.S.C. 
                        1227(a)(2)(A)(iii)) on the basis of such 
                        convictions until the date on which the alien 
                        is convicted of another such offense after such 
                        date of enactment.
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