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 intoxi-
cated, 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 appre-
hended for driving while intoxicated, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Scott Gardner Act’’. 
VerDate Mar 15 2010 
02:03 Jan 24, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3808.IH
H3808
rfrederick on DSK6VPTVN1PROD with BILLS
SEC. 2. DETENTION AND REMOVAL OF ALIENS APPRE-
HENDED FOR DRIVING WHILE INTOXICATED 
(DWI). 
Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended— 
(1) in subsection (c)(1)— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (D), by adding ‘‘or’’ 
at the end; and 
(C) by adding after subparagraph (D) the 
following: 
‘‘(E) is unlawfully present in the United 
States and is apprehended for driving while in-
toxicated, driving under the influence, or simi-
lar violation of State law (as determined by the 
Secretary of Homeland Security) by a State or 
local law enforcement officer,’’; 
(2) by redesignating subsection (e) as sub-
section (f); and 
(3) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) DRIVING WHILE INTOXICATED.—If a State or 
local law enforcement officer apprehends an individual for 
an offense described in subsection (c)(1)(E) and the offi-
VerDate Mar 15 2010 
02:03 Jan 24, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3808.IH
H3808
rfrederick on DSK6VPTVN1PROD with BILLS
cer has reasonable ground to believe that the individual 
is an alien— 
‘‘(1) the officer shall verify with the databases 
of the Federal Government, including the National 
Criminal Information Center and the Law Enforce-
ment Support Center, whether the individual is an 
alien and whether such alien is unlawfully present in 
the United States; and 
‘‘(2) if any such database indicates that the in-
dividual is an alien unlawfully present in the United 
States— 
‘‘(A) a State or local law enforcement offi-
cer is authorized to issue a Federal detainer to 
maintain the alien in custody in accordance 
with such agreement until the alien is convicted 
for such offense or the alien is transferred to 
Federal custody; 
‘‘(B) the officer is authorized to transport 
the alien to a location where the alien can be 
transferred to Federal custody and shall be re-
moved from the United States in accordance 
with applicable law; and 
‘‘(C) the Secretary of Homeland Security 
shall— 
VerDate Mar 15 2010 
02:03 Jan 24, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3808.IH
H3808
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(i) reimburse the State and local law 
enforcement agencies involved for the costs 
of transporting aliens when such transpor-
tation is not done in the course of their 
normal duties; and 
‘‘(ii) 
prioritize 
removal 
of 
such 
aliens.’’. 
Æ 
VerDate Mar 15 2010 
02:03 Jan 24, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H3808.IH
H3808
rfrederick on DSK6VPTVN1PROD with BILLS