II 

109TH CONGRESS 

2D SESSION S. 2365 

To improve sharing of immigration information among Federal, State, and 

local law enforcement officials, to improve State and local enforcement 

of immigration laws, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2006 

Mr. BURR introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To improve sharing of immigration information among Federal, State, and local law enforcement officials, to improve State and local enforcement of immigration laws, 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Scott Gardner Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Improved Federal sharing of immigration information. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DWI.—The term ‘‘DWI’’ means driving 

4 while intoxicated and similar motor vehicle viola5 tions. 

6 (2) FEDERAL IMMIGRATION DATABASE.—The 

7 term ‘‘Federal immigration database’’ means— 

8 (A) the database of the LESC insofar as 

9 it relates to immigration information; 

10 (B) the database of the NCIC insofar as it 

11 relates to immigration information; and 

12 (C) any other database containing immi13 gration information identified by the Secretary 

14 of Homeland Security. 

15 (3) IMMIGRATION INFORMATION.—The term 

16 ‘‘immigration information’’ means information speci17 fied by the Secretary, in consultation with the Attor18 ney General, relating to immigration, including ille19 gal immigration. 

20 (4) LESC.—The term ‘‘LESC’’ means the Law 

21 Enforcement Support Center. 


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1 (5) NCIC.—The term ‘‘NCIC’’ means the Na2 tional Crime Information Center of the Federal Bu3 reau of Investigation. 

4 (6) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Homeland Security. 

6 SEC. 3. IMPROVED FEDERAL SHARING OF IMMIGRATION 

7 INFORMATION. 

8 (a) IN GENERAL.—The Secretary shall share immi9 gration information with the Attorney General. 

10 (b) IMPROVED OPERATION OF FEDERAL IMMIGRA11 TION DATABASES.— 

12 (1) REPORT.—Not later than 90 days after the 

13 date of enactment of this Act, the Secretary and the 

14 Attorney General shall jointly submit to Congress a 

15 report on methods for improving performance of 

16 Federal immigration databases to ensure the prompt 

17 entry of immigration information into such data18 bases. 

19 (2) COMPATIBILITY.—The report submitted 

20 under paragraph (1) shall contain proposals to im21 prove the compatibility among Federal immigration 

22 databases in order to— 

23 (A) improve data entry, including elimi24 nating data entry backlogs; 


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1 (B) improve the means by which immigra2 tion information is exchanged; and 

3 (C) increase accessibility of information to 

4 Federal, State, and local law enforcement agen5 cies. 

6 (3) PROGRESS.—The report submitted under 

7 paragraph (1) shall describe— 

8 (A) the progress made in eliminating data 

9 entry backlogs in such databases; and 

10 (B) any additional resources required to 

11 eliminate such backlogs. 

12 SEC. 4. STATE AND LOCAL REPORTING OF IMMIGRATION 

13 INFORMATION. 

14 (a) REQUIREMENT.— 

15 (1) IN GENERAL.—Subject to subsection (c), 

16 the director of each State and local law enforcement 

17 agency receiving Federal financial assistance under 

18 section 241(i) of the Immigration and Nationality 

19 Act (8 U.S.C. 1231(i)) shall, as a condition of such 

20 assistance, submit a report to the Secretary, in such 

21 form, in such manner, and containing such immigra22 tion and DWI information collected in the course of 

23 the director’s normal duties as the Secretary re24 quires for entry into Federal immigration databases. 


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1 (2) REPORT ON RESOURCES.—Not later than 

2 90 days after the date of enactment of this Act, the 

3 Secretary and the Attorney General shall jointly sub4 mit to Congress a report on additional resources re5 quired by State and local law enforcement agencies 

6 to comply with the requirement of paragraph (1). 

7 (b) PROMOTION OF LAW ENFORCEMENT SUPPORT

8 CENTER.—The Secretary shall promote the use of the 

9 LESC to State and local law enforcement agencies. 

10 (c) EXEMPTION FROM STATE AND LOCAL REPORT11 ING REQUIREMENT.—State and local law enforcement 

12 agencies are not required to collect or report immigration 

13 information relating to any individual who assists law en14 forcement agencies in the performance of the duties of 

15 such agencies, including assistance as an informant, a wit16 ness, or in a similar capacity. 

17 SEC. 5. DWI AND IMMIGRATION INFORMATION IN THE NA18 TIONAL CRIMINAL INFORMATION CENTER. 

19 (a) INCLUSION.—DWI and immigration information 

20 in the NCIC— 

21 (1) shall appear as a flag in the Wanted Person 

22 File of the NCIC database; and 

23 (2) shall be timely and readily available to State 

24 and local law enforcement officers while they are in 

25 the course of their normal duties. 


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1 (b) MANDATORY DETENTION.—A State or local law 

2 enforcement officer who finds a flag for a DWI and immi3 gration violation of an alien in the Wanted Person File 

4 of the NCIC and who arrests the alien shall detain the 

5 alien in a State or local jail until the alien can be trans6 ferred to Federal custody. 

7 SEC. 6. STATE AND LOCAL ENFORCEMENT OF FEDERAL IM8 MIGRATION LAWS. 

9 (a) IN GENERAL.—Section 287(g) of the Immigra10 tion and Nationality Act (8 U.S.C. 1357(g)) is amended— 

11 (1) in paragraph (1), by striking ‘‘may enter’’ 

12 and inserting ‘‘shall enter’’; 

13 (2) in paragraph (2), by adding at the end the 

14 following: ‘‘If such training is provided by a State or 

15 political subdivision of a State to an officer or em16 ployee of such State or political subdivision of a 

17 State, the cost of such training (including applicable 

18 overtime costs) shall be reimbursed by the Secretary 

19 of Homeland Security.’’; 

20 (3) by striking paragraph (9); and 

21 (4) by redesignating paragraph (10) as para22 graph (9). 

23 (b) RULEMAKING.—Not later than 1 year after the 

24 date of enactment of this Act, the Secretary shall issue 


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1 regulations to carry out the amendments made by sub2 section (a). 

3 (c) EFFECTIVE DATES.— 

4 (1) REQUIREMENT FOR AGREEMENT.—Except 

5 as provided in paragraph (2), the amendments made 

6 by subsection (a) shall take effect on the earlier of— 

7 (A) the date on which regulations are 

8 issued under paragraph (1); and 

9 (B) the date that is 1 year after the date 

10 of enactment of this Act. 

11 (2) PAYMENT FOR TRAINING COSTS.—The 

12 amendment made by subsection (a)(2) shall take ef13 fect on the first day of the first fiscal year beginning 

14 after the date of enactment of this Act. 

15 SEC. 7. DETENTION AND DEPORTATION OF ALIENS FOR 

16 DRIVING WHILE INTOXICATED. 

17 (a) IN GENERAL.—Section 236 of the Immigration 

18 and Nationality Act (8 U.S.C. 1226) is amended— 

19 (1) in subsection (c)(1)— 

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

21 at the end; 

22 (B) in subparagraph (D), by inserting 

23 ‘‘or’’ after ‘‘section 237(a)(4)(B),’’; and 

24 (C) by inserting after subparagraph (D) 

25 the following: 


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1 ‘‘(E) is deportable on any grounds and is 

2 apprehended for driving while intoxicated, driv3 ing under the influence, or similar violation of 

4 State law (as determined by the Secretary of 

5 Homeland Security) by a State or local law en6 forcement officer covered under an agreement 

7 under section 287(g),’’; 

8 (2) by redesignating subsection (e) as sub9 section (f); and 

10 (3) by inserting after subsection (d) the fol11 lowing: 

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

13 local law enforcement officer apprehends an individual for 

14 an offense described in subsection (c)(1)(E) and the offi15 cer has reasonable grounds to believe that the individual 

16 is an alien— 

17 ‘‘(1) the officer shall determine, using the data18 bases of the Federal Government, including the Na19 tional Criminal Information Center and the Law En20 forcement Support Center, if the individual is— 

21 ‘‘(A) an alien; and 

22 ‘‘(B) unlawfully present in the United 

23 States; and 

24 ‘‘(2) if any such database— 


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1 ‘‘(A) indicates that the individual is an 

2 alien unlawfully present in the United States— 

3 ‘‘(i) an officer covered under an agree4 ment under section 287(g) may issue a 

5 Federal detainer to maintain the alien in 

6 custody in accordance with such agreement 

7 until the alien is convicted for such offense 

8 or the alien is transferred to Federal cus9 tody; 

10 ‘‘(ii) the officer may transport the 

11 alien to a location where the alien can be 

12 transferred to Federal custody and re13 moved from the United States in accord14 ance with applicable law; and 

15 ‘‘(iii) the Secretary of Homeland Se16 curity shall reimburse the State and local 

17 law enforcement agencies involved for the 

18 costs of transporting aliens when such 

19 transportation is not done in the course of 

20 their normal duties; or 

21 ‘‘(B) indicates that the individual is an 

22 alien that is not unlawfully present in the 

23 United States, the officer shall— 

24 ‘‘(i) take the alien into custody for 

25 such offense in accordance with State law; 


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1 ‘‘(ii) promptly notify the Secretary of 

2 Homeland Security of such apprehension; 

3 and 

4 ‘‘(iii) maintain the alien in custody 

5 pending a determination by the Secretary 

6 with respect to any action to be taken by 

7 the Secretary against such alien.’’. 

8 (b) DEPORTATION FOR DRIVING WHILE INTOXI9 CATED.— 

10 (1) IN GENERAL.—Section 237(a)(2) of the Im11 migration and Nationality Act (8 U.S.C. 1227(a)(2)) 

12 is amended by adding at the end the following: 

13 ‘‘(F) DRIVING WHILE INTOXICATED.—Any 

14 alien who is convicted of driving while intoxi15 cated, driving under the influence, or a similar 

16 violation of State law (as determined by the 

17 Secretary of Homeland Security), or who re18 fuses, in violation of State law, to submit to a 

19 Breathalyzer test or other test for the purpose 

20 of determining blood alcohol content is deport21 able and shall be deported.’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1) shall apply to violations or refusals 

24 occurring after the date of enactment of this Act. 


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1 (c) SHARING OF INFORMATION BY MOTOR VEHICLE

2 ADMINISTRATORS REGARDING DWI CONVICTIONS AND

3 REFUSALS.—Each State motor vehicle administrator 

4 shall— 

5 (1) share information with the Secretary relat6 ing to any alien who has a conviction or refusal de7 scribed in section 237(a)(2)(F) of the Immigration 

8 and Nationality Act (8 U.S.C. 1227(a)(2)(F)); 

9 (2) share such information with other State 

10 motor vehicle administrators through the Drivers Li11 cense Agreement of the American Association of 

12 Motor Vehicle Administrators; and 

13 (3) provide such information to the NCIC at 

14 such time and in such form as the Secretary may re15 quire. 

16 SEC. 8. FEDERAL DETENTION FACILITIES. 

17 (a) REPORT ON CURRENT ALLOCATION FORMULA; 

18 RECOMMENDATIONS FOR STOP-GAP MEASURES.—Not 

19 later than 90 days after the date of enactment of this Act, 

20 the Secretary shall submit a report to Congress that de21 scribes the formula for allocation of Federal detention fa22 cilities for aliens under section 241(g) of the Immigration 

23 and Nationality Act (8 U.S.C. 1231(g)). The report shall 

24 include proposals for the temporary expansion of State 

25 and local jails to detain increased numbers of illegal aliens 


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1 pending construction or expansion of Federal detention fa2 cilities. 

3 (b) NEW CONSTRUCTION IN HIGH CONCENTRATION

4 AREAS.—In accordance with such section 241(g), the Sec5 retary shall ensure that, to the greatest extent practicable, 

6 construction of new detention facilities is undertaken in 

7 or near areas in which the Secretary has determined that 

8 there is a high concentration of illegal aliens. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary to carry out this section. 

Æ 


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