I 

111TH CONGRESS 

1ST SESSION H. R. 373 

To amend the Immigration and Nationality Act to render inadmissible and 

deportable certain aliens convicted of drunk driving, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Mr. FLAKE introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to render 

inadmissible and deportable certain aliens convicted of 

drunk driving, 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. INCREASED CRIMINAL PENALTIES RELATED 

4 TO DRUNK DRIVING. 

5 (a) INADMISSIBILITY.—Section 212(a)(2) of the Im6 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

7 amended— 

8 (1) by redesignating subparagraph (F) as sub9 paragraph (J); and 


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1 (2) by inserting after subparagraph (E) the fol2 lowing: 

3 ‘‘(F) DRUNK DRIVERS.—Any alien who 

4 has been convicted of 3 offenses for driving 

5 under the influence and at least 1 of the of6 fenses is a felony under Federal or State law, 

7 for which the alien was sentenced to more than 

8 1 year imprisonment, is inadmissible.’’. 

9 (b) DEPORTABILITY.—Section 237(a)(2) of such Act 

10 (8 U.S.C. 1227(a)(2)) is amended by adding at the end 

11 the following: 

12 ‘‘(F) DRUNK DRIVERS.—Unless the Sec13 retary of Homeland Security or the Attorney 

14 General waives the application of this subpara15 graph, any alien who has been convicted of 3 

16 offenses for driving under the influence and at 

17 least 1 of the offenses is a felony under Federal 

18 or State law, for which the alien was sentenced 

19 to more than 1 year imprisonment, is deport20 able.’’. 

21 (c) JUDICIAL ADVISAL.— 

22 (1) IN GENERAL.—A court shall not accept a 

23 guilty plea for driving under the influence unless the 

24 court has administered to the defendant, on the 

25 record, the following adivsal: 


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1 ‘‘If you are not a citizen of the United States, you 

2 are advised that conviction for driving under the in3 fluence, including conviction by entry of any plea, 

4 even if the conviction is later expunged, may result 

5 in deportation, exclusion from admission to the 

6 United States, or denial of naturalization pursuant 

7 to the laws of the United States.’’. 

8 (2) FAILURE TO ADVISE.—Upon request, the 

9 court shall allow the defendant a reasonable amount 

10 of additional time to consider the appropriateness of 

11 the plea in light of the advisement set out in para12 graph (1). If the court fails to advise the defendant 

13 in accordance with paragraph (1) and the defendant 

14 shows that conviction of the offense to which the de15 fendant pleaded guilty may result in the defendant’s 

16 deportation, exclusion from the United States, or de17 nial of naturalization pursuant to the laws of the 

18 United States, the court, upon a motion by the de19 fendant, shall vacate the judgment and permit the 

20 defendant to withdraw the plea and enter a plea of 

21 not guilty. If the record does not show that the court 

22 provided the required advisement, it shall be pre23 sumed that the defendant did not receive the advise24 ment. The defendant shall not be required to dis25 close his or her immigration status at any time. 


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1 (d) CONFORMING AMENDMENT.—Section 212(h) of 

2 such Act (8 U.S.C. 1182(h)) is amended— 

3 (1) in the subsection heading, by striking ‘‘SUB4 SECTION (a)(2)(A)(i)(I), (II), (B), (D), AND (E)’’ 

5 and inserting ‘‘CERTAIN PROVISIONS IN SUB6 SECTION (a)(2)’’; and 

7 (2) in the matter preceding paragraph (1), by 

8 striking ‘‘and (E)’’ and inserting ‘‘(E), and (F)’’. 

9 (e) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on the date of the enactment 

11 of this Act and shall apply to convictions entered on or 

12 after such date. 

Æ 


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