Title: Taking Action Against Drunk Drivers Act
Policy area: Immigration

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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 51 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 51

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 5, 2017

  Mr. Grassley (for himself, Mrs. Ernst, Mr. McConnell, Mr. Lee, Mr. 
 Cruz, Mr. Moran, Mr. Roberts, Mr. Shelby, Mr. Inhofe, Mr. Wicker, Mr. 
 Hatch, and Mr. Cotton) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taking Action Against Drunk Drivers 
Act''.

SEC. 2. MANDATORY DETENTION FOR DRUNK DRIVERS.

    Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)(1)) is amended--
            (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'' and inserting 
                ``sentenced''; and
                    (B) by striking ``, or'' and inserting a semicolon;
            (3) in subparagraph (D), by striking the comma at the end 
        and inserting ``; or''; and
            (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,''.

SEC. 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)) is amended--
            (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)) is amended by adding at the 
end the following:
                    ``(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)) is amended by 
        striking ``for which the term of imprisonment'' and inserting 
        ``, 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)) on the basis of such 
                        convictions until the date on which the alien 
                        is convicted of another such offense after such 
                        date of enactment.
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