I 
112TH CONGRESS 
1ST SESSION H. R. 1459 
To amend the Immigration and Nationality Act with respect to detention 
of unlawfully present aliens who are apprehended for driving while intoxi-
cated, to improve State and local enforcement of immigration laws, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 8, 2011 
Mrs. MYRICK (for herself 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, to improve State 
and local enforcement of immigration laws, and for other 
purposes. 
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’’. 
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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-
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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— 
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‘‘(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.’’. 
SEC. 3. ELIGIBILITY REQUIREMENT FOR STATE CRIMINAL 
ALIEN ASSISTANCE PROGRAM (SCAAP) FUND-
ING. 
Section 241(i) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended by adding at the end 
the following: 
‘‘(7) A State (or a political subdivision of a 
State) shall not be eligible to enter into a contrac-
tual arrangement under paragraph (1) unless the 
State (or political subdivision), not later than Janu-
ary 1, 2014, is participating in either or both of the 
following (or any appropriate successor): 
‘‘(A) the program under section 287(g) of 
the Immigration and Nationality Act (8 U.S.C. 
1357(g)); or 
‘‘(B) the Secure Communities initiative of 
the Department of Homeland Security.’’. 
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SEC. 4. STATE AND LOCAL ENFORCEMENT OF FEDERAL IM-
MIGRATION LAWS. 
(a) IN GENERAL.—Section 287(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(g)) is amended— 
(1) in paragraph (1), by striking ‘‘may’’ and in-
serting ‘‘shall’’ the first place it appears; 
(2) in paragraph (2), by adding at the end the 
following new sentence: ‘‘If such training is provided 
by a State or political subdivision of a State to an 
officer or employee of such State or political subdivi-
sion of a State, the cost of such training (including 
applicable cost of overtime) shall be reimbursed by 
the Secretary of Homeland Security.’’; and 
(3) by striking paragraph (9) and redesignating 
paragraph (10) as paragraph (9). 
(b) EFFECTIVE DATES.— 
(1) REQUIREMENT
FOR
AGREEMENT.—The 
amendments made by paragraphs (1) and (3) of 
subsection (a) shall take effect on such date (not 
later than one year after the date of the enactment 
of this Act) as the Secretary of Homeland Security 
shall specify. 
(2) PAYMENT
FOR
TRAINING
COSTS.—The 
amendment made by subsection (a)(2) shall take ef-
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fect on the first day of the first fiscal year beginning 
after the date of the enactment of this Act. 
Æ 
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