II 

115TH CONGRESS 

1ST SESSION S. 51 

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 

JANUARY 5, 2017 

Mr. GRASSLEY (for himself, Mrs. ERNST, Mr. MCCONNELL, Mr. LEE, Mr. 

CRUZ, Mr. MORAN, Mr. ROBERTS, Mr. SHELBY, Mr. INHOFE, Mr. 

WICKER, Mr. HATCH, and Mr. COTTON) 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. 

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 ‘‘Taking Action Against 

5 Drunk Drivers Act’’. 


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1 SEC. 2. MANDATORY DETENTION FOR DRUNK DRIVERS. 

2 Section 236(c)(1) of the Immigration and Nationality 

3 Act (8 U.S.C. 1226(c)(1)) is amended— 

4 (1) in subparagraphs (A) and (B), by striking 

5 the comma at the end of each subparagraph and in6 serting a semicolon; 

7 (2) in subparagraph (C)— 

8 (A) by striking ‘‘sentence’’ and inserting 

9 ‘‘sentenced’’; and 

10 (B) by striking ‘‘, or’’ and inserting a 

11 semicolon; 

12 (3) in subparagraph (D), by striking the comma 

13 at the end and inserting ‘‘; or’’; and 

14 (4) by inserting after subparagraph (D) the fol15 lowing: 

16 ‘‘(E)(i)(I) was not inspected and admitted 

17 into the United States; 

18 ‘‘(II) held a nonimmigrant visa (or other 

19 documentation authorizing admission into the 

20 United States as a nonimmigrant) that has 

21 been revoked under section 221(i); or 

22 ‘‘(III) is described in section 

23 237(a)(1)(C)(i); and 

24 ‘‘(ii) has a pending charge, by a pros25 ecuting authority in the United States, of driv26 ing under the influence or driving while intoxiVerDate Sep 11 2014 05:18 Jan 13, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51

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1 cated, under Federal or State law, regardless of 

2 whether the offense is classified as a felony or 

3 a misdemeanor,’’. 

4 SEC. 3. BANNING HABITUAL DRUNK DRIVERS FROM THE 

5 UNITED STATES. 

6 (a) GROUNDS FOR INADMISSIBILITY.—Section 

7 212(a)(2) of the Immigration and Nationality Act (8 

8 U.S.C. 1182(a)(2)) is amended— 

9 (1) by redesignating subparagraph (F) as sub10 paragraph (J) and placing it after subparagraph (I); 

11 and 

12 (2) by inserting after subparagraph (E) the fol13 lowing: 

14 ‘‘(F) HABITUAL DRUNK DRIVERS.—An 

15 alien convicted of three or more offenses for 

16 driving under the influence or driving while in17 toxicated, under Federal or State law, regard18 less of whether the offenses are classified as 

19 felonies or misdemeanors, is inadmissible.’’. 

20 (b) GROUNDS FOR DEPORTATION.—Section 

21 237(a)(2) of the Immigration and Nationality Act (8 

22 U.S.C. 1227(a)(2)) is amended by adding at the end the 

23 following: 

24 ‘‘(G) HABITUAL DRUNK DRIVERS.—An 

25 alien convicted of three or more offenses for 


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1 driving under the influence or driving while in2 toxicated, under Federal or State law, regard3 less of whether the offenses are classified as 

4 felonies or misdemeanors, is deportable if at 

5 least one of such offenses occurred after the 

6 date of the enactment of this subparagraph.’’. 

7 (c) DEFINITION OF AGGRAVATED FELONY.— 

8 (1) IN GENERAL.—Section 101(a)(43)(F) of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1101(a)(43)(F)) is amended by striking ‘‘for which 

11 the term of imprisonment’’ and inserting ‘‘, includ12 ing a third conviction for driving under the influence 

13 or driving while intoxicated, under Federal or State 

14 law, regardless of whether the offense is classified as 

15 a felony or a misdemeanor, for which the term of 

16 imprisonment is’’. 

17 (2) EFFECTIVE DATE; APPLICATION.— 

18 (A) EFFECTIVE DATE.—The amendment 

19 made by paragraph (1) shall take effect on the 

20 date of the enactment of this Act. 

21 (B) APPLICATION.— 

22 (i) IN GENERAL.—Except as provided 

23 in clause (ii), the amendment made by 

24 paragraph (1) shall apply to a conviction 

25 for driving under the influence of alcohol 


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1 or drugs that occurred before, on, or after 

2 such date of enactment. 

3 (ii) TWO OR MORE PRIOR CONVIC4 TIONS.—An alien who received two or 

5 more convictions for driving under the in6 fluence of alcohol or drugs before the date 

7 of the enactment of this Act may not be 

8 subject to removal for the commission of 

9 an aggravated felony pursuant to section 

10 237(a)(2)(A)(iii) of the Immigration and 

11 Nationality Act (8 U.S.C. 

12 1227(a)(2)(A)(iii)) on the basis of such 

13 convictions until the date on which the 

14 alien is convicted of another such offense 

15 after such date of enactment. 

Æ 


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