Taking Action Against Drunk Drivers Act

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. Short title This Act may be cited as the Taking Action Against Drunk Drivers Act 2. Mandatory detention for drunk drivers Section 236(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) (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 sentenced (B) by striking , or (3) in subparagraph (D), by striking the comma at the end and inserting ; or (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a nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) that has been revoked under section 221(i); or (III) is described in section 237(a)(1)(C)(i); and (ii) has a pending charge, by a prosecuting authority in the United States, of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, . 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) (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 three 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) (G) Habitual drunk drivers An alien convicted of three 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 this subparagraph. . (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) for which the term of imprisonment , 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 two 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)

Summary: Taking Action Against Drunk Drivers Act This bill amends the Immigration and Nationality Act to require the mandatory detention of an alien who: (1) was not lawfully admitted into the United States, held a revoked nonimmigrant visa, or violated his or her nonimmigrant status; and (2) has a pending federal or state charge of driving under the influence or driving while intoxicated, regardless of whether the offense is classified as a felony or a misdemeanor. An alien convicted of three or more federal or state offenses for driving under the influence or driving while intoxicated, regardless of whether the offenses are classified as felonies or misdemeanors, is: (1) inadmissible, or (2) deportable if at least one of such offenses occurred after the enactment of this bill. The definition of "aggravated felony" is expanded for purposes of such Act to include a third conviction under federal or state law for driving under the influence or driving while intoxicated, regardless of whether the offense is classified as a felony or a misdemeanor, for which the term of imprisonment is at least one year. An alien who was convicted two or more times before the enactment of this bill for driving under the influence of alcohol or drugs may not be removed for the commission of an aggravated felony based upon such convictions until conviction of another such offense after the enactment of this bill.