To amend the Immigration and Nationality Act with respect to detention of unlawfully present aliens who are apprehended for driving while intoxicated, to improve State and local enforcement of immigration laws, and for other purposes.
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To amend the Immigration and Nationality Act with respect to detention of unlawfully present aliens who are apprehended for driving while intoxicated, to improve State and local enforcement of immigration laws, and for other purposes.CommentsClose CommentsPermalink
Mrs. MYRICK (for herself and Mr. MCINTYRE) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
To amend the Immigration and Nationality Act with respect to detention of unlawfully present aliens who are apprehended for driving while intoxicated, to improve State and local enforcement of immigration laws, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
‘(E) is unlawfully present in the United States and is apprehended for driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security) by a State or local law enforcement officer,’;CommentsClose CommentsPermalink
‘(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 officer has reasonable ground to believe that the individual is an alien--CommentsClose CommentsPermalink
‘(1) the officer shall verify with the databases of the Federal Government, including the National Criminal Information Center and the Law Enforcement Support Center, whether the individual is an alien and whether such alien is unlawfully present in the United States; andCommentsClose CommentsPermalink
‘(2) if any such database indicates that the individual is an alien unlawfully present in the United States--CommentsClose CommentsPermalink
‘(A) a State or local law enforcement officer 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;CommentsClose CommentsPermalink
‘(B) the officer is authorized to transport the alien to a location where the alien can be transferred to Federal custody and shall be removed from the United States in accordance with applicable law; andCommentsClose CommentsPermalink
‘(i) reimburse the State and local law enforcement agencies involved for the costs of transporting aliens when such transportation is not done in the course of their normal duties; andCommentsClose CommentsPermalink
SEC. 3. ELIGIBILITY REQUIREMENT FOR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) FUNDING.
Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(7) A State (or a political subdivision of a State) shall not be eligible to enter into a contractual arrangement under paragraph (1) unless the State (or political subdivision), not later than January 1, 2014, is participating in either or both of the following (or any appropriate successor):CommentsClose CommentsPermalink
‘(A) the program under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); orCommentsClose CommentsPermalink
(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 subdivision of a State, the cost of such training (including applicable cost of overtime) shall be reimbursed by the Secretary of Homeland Security.’; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) PAYMENT FOR TRAINING COSTS- The amendment made by subsection (a)(2) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink
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U.S. Congress - Text of H.R.1459 as Introduced in House Scott Gardner Act
