I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Scott Gardner Act’’. 


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1 SEC. 2. DETENTION AND REMOVAL OF ALIENS APPRE2 HENDED FOR DRIVING WHILE INTOXICATED 

3 (DWI). 

4 Section 236 of the Immigration and Nationality Act 

5 (8 U.S.C. 1226) is amended— 

6 (1) in subsection (c)(1)— 

7 (A) in subparagraph (C), by striking ‘‘or’’ 

8 at the end; 

9 (B) in subparagraph (D), by adding ‘‘or’’ 

10 at the end; and 

11 (C) by adding after subparagraph (D) the 

12 following: 

13 ‘‘(E) is unlawfully present in the United 

14 States and is apprehended for driving while in15 toxicated, driving under the influence, or simi16 lar violation of State law (as determined by the 

17 Secretary of Homeland Security) by a State or 

18 local law enforcement officer,’’; 

19 (2) by redesignating subsection (e) as sub20 section (f); and 

21 (3) by inserting after subsection (d) the fol22 lowing new subsection: 

23 ‘‘(e) DRIVING WHILE INTOXICATED.—If a State or 

24 local law enforcement officer apprehends an individual for 

25 an offense described in subsection (c)(1)(E) and the offiVerDate Mar 15 2010 02:03 Jan 24, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3808.IH H3808

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1 cer has reasonable ground to believe that the individual 

2 is an alien— 

3 ‘‘(1) the officer shall verify with the databases 

4 of the Federal Government, including the National 

5 Criminal Information Center and the Law Enforce6 ment Support Center, whether the individual is an 

7 alien and whether such alien is unlawfully present in 

8 the United States; and 

9 ‘‘(2) if any such database indicates that the in10 dividual is an alien unlawfully present in the United 

11 States— 

12 ‘‘(A) a State or local law enforcement offi13 cer is authorized to issue a Federal detainer to 

14 maintain the alien in custody in accordance 

15 with such agreement until the alien is convicted 

16 for such offense or the alien is transferred to 

17 Federal custody; 

18 ‘‘(B) the officer is authorized to transport 

19 the alien to a location where the alien can be 

20 transferred to Federal custody and shall be re21 moved from the United States in accordance 

22 with applicable law; and 

23 ‘‘(C) the Secretary of Homeland Security 

24 shall— 


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1 ‘‘(i) reimburse the State and local law 

2 enforcement agencies involved for the costs 

3 of transporting aliens when such transpor4 tation is not done in the course of their 

5 normal duties; and 

6 ‘‘(ii) prioritize removal of such 

7 aliens.’’. 

Æ 


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