[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2365 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2365
To improve sharing of immigration information among Federal, State, and
local law enforcement officials, to improve State and local enforcement
of immigration laws, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2006
Mr. Burr introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve sharing of immigration information among Federal, State, and
local law enforcement officials, to improve State and local enforcement
of immigration laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Scott Gardner
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Improved Federal sharing of immigration information.
Sec. 4. State and local reporting of immigration information.
Sec. 5. DWI and immigration information in the National Criminal
Information Center.
Sec. 6. State and local enforcement of Federal immigration laws.
Sec. 7. Detention and deportation of aliens for driving while
intoxicated.
Sec. 8. Federal detention facilities.
SEC. 2. DEFINITIONS.
In this Act:
(1) DWI.--The term ``DWI'' means driving while intoxicated
and similar motor vehicle violations.
(2) Federal immigration database.--The term ``Federal
immigration database'' means--
(A) the database of the LESC insofar as it relates
to immigration information;
(B) the database of the NCIC insofar as it relates
to immigration information; and
(C) any other database containing immigration
information identified by the Secretary of Homeland
Security.
(3) Immigration information.--The term ``immigration
information'' means information specified by the Secretary, in
consultation with the Attorney General, relating to
immigration, including illegal immigration.
(4) LESC.--The term ``LESC'' means the Law Enforcement
Support Center.
(5) NCIC.--The term ``NCIC'' means the National Crime
Information Center of the Federal Bureau of Investigation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. IMPROVED FEDERAL SHARING OF IMMIGRATION INFORMATION.
(a) In General.--The Secretary shall share immigration information
with the Attorney General.
(b) Improved Operation of Federal Immigration Databases.--
(1) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary and the Attorney General
shall jointly submit to Congress a report on methods for
improving performance of Federal immigration databases to
ensure the prompt entry of immigration information into such
databases.
(2) Compatibility.--The report submitted under paragraph
(1) shall contain proposals to improve the compatibility among
Federal immigration databases in order to--
(A) improve data entry, including eliminating data
entry backlogs;
(B) improve the means by which immigration
information is exchanged; and
(C) increase accessibility of information to
Federal, State, and local law enforcement agencies.
(3) Progress.--The report submitted under paragraph (1)
shall describe--
(A) the progress made in eliminating data entry
backlogs in such databases; and
(B) any additional resources required to eliminate
such backlogs.
SEC. 4. STATE AND LOCAL REPORTING OF IMMIGRATION INFORMATION.
(a) Requirement.--
(1) In general.--Subject to subsection (c), the director of
each State and local law enforcement agency receiving Federal
financial assistance under section 241(i) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)) shall, as a condition of
such assistance, submit a report to the Secretary, in such
form, in such manner, and containing such immigration and DWI
information collected in the course of the director's normal
duties as the Secretary requires for entry into Federal
immigration databases.
(2) Report on resources.--Not later than 90 days after the
date of enactment of this Act, the Secretary and the Attorney
General shall jointly submit to Congress a report on additional
resources required by State and local law enforcement agencies
to comply with the requirement of paragraph (1).
(b) Promotion of Law Enforcement Support Center.--The Secretary
shall promote the use of the LESC to State and local law enforcement
agencies.
(c) Exemption From State and Local Reporting Requirement.--State
and local law enforcement agencies are not required to collect or
report immigration information relating to any individual who assists
law enforcement agencies in the performance of the duties of such
agencies, including assistance as an informant, a witness, or in a
similar capacity.
SEC. 5. DWI AND IMMIGRATION INFORMATION IN THE NATIONAL CRIMINAL
INFORMATION CENTER.
(a) Inclusion.--DWI and immigration information in the NCIC--
(1) shall appear as a flag in the Wanted Person File of the
NCIC database; and
(2) shall be timely and readily available to State and
local law enforcement officers while they are in the course of
their normal duties.
(b) Mandatory Detention.--A State or local law enforcement officer
who finds a flag for a DWI and immigration violation of an alien in the
Wanted Person File of the NCIC and who arrests the alien shall detain
the alien in a State or local jail until the alien can be transferred
to Federal custody.
SEC. 6. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General.--Section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) is amended--
(1) in paragraph (1), by striking ``may enter'' and
inserting ``shall enter'';
(2) in paragraph (2), by adding at the end the following:
``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 overtime costs) shall be reimbursed by
the Secretary of Homeland Security.'';
(3) by striking paragraph (9); and
(4) by redesignating paragraph (10) as paragraph (9).
(b) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue regulations to carry out the
amendments made by subsection (a).
(c) Effective Dates.--
(1) Requirement for agreement.--Except as provided in
paragraph (2), the amendments made by subsection (a) shall take
effect on the earlier of--
(A) the date on which regulations are issued under
paragraph (1); and
(B) the date that is 1 year after the date of
enactment of this Act.
(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 enactment of this
Act.
SEC. 7. DETENTION AND DEPORTATION OF ALIENS FOR DRIVING WHILE
INTOXICATED.
(a) In General.--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 inserting ``or'' after
``section 237(a)(4)(B),''; and
(C) by inserting after subparagraph (D) the
following:
``(E) is deportable on any grounds 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 covered
under an agreement under section 287(g),'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(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 grounds to
believe that the individual is an alien--
``(1) the officer shall determine, using the databases of
the Federal Government, including the National Criminal
Information Center and the Law Enforcement Support Center, if
the individual is--
``(A) an alien; and
``(B) unlawfully present in the United States; and
``(2) if any such database--
``(A) indicates that the individual is an alien
unlawfully present in the United States--
``(i) an officer covered under an agreement
under section 287(g) may 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;
``(ii) the officer may transport the alien
to a location where the alien can be
transferred to Federal custody and removed from
the United States in accordance with applicable
law; and
``(iii) the Secretary of Homeland Security
shall 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;
or
``(B) indicates that the individual is an alien
that is not unlawfully present in the United States,
the officer shall--
``(i) take the alien into custody for such
offense in accordance with State law;
``(ii) promptly notify the Secretary of
Homeland Security of such apprehension; and
``(iii) maintain the alien in custody
pending a determination by the Secretary with
respect to any action to be taken by the
Secretary against such alien.''.
(b) Deportation for Driving While Intoxicated.--
(1) In general.--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:
``(F) Driving while intoxicated.--Any alien who is
convicted of driving while intoxicated, driving under
the influence, or a similar violation of State law (as
determined by the Secretary of Homeland Security), or
who refuses, in violation of State law, to submit to a
Breathalyzer test or other test for the purpose of
determining blood alcohol content is deportable and
shall be deported.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to violations or refusals occurring after the date
of enactment of this Act.
(c) Sharing of Information by Motor Vehicle Administrators
Regarding DWI Convictions and Refusals.--Each State motor vehicle
administrator shall--
(1) share information with the Secretary relating to any
alien who has a conviction or refusal described in section
237(a)(2)(F) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(F));
(2) share such information with other State motor vehicle
administrators through the Drivers License Agreement of the
American Association of Motor Vehicle Administrators; and
(3) provide such information to the NCIC at such time and
in such form as the Secretary may require.
SEC. 8. FEDERAL DETENTION FACILITIES.
(a) Report on Current Allocation Formula; Recommendations for Stop-
Gap Measures.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall submit a report to Congress that
describes the formula for allocation of Federal detention facilities
for aliens under section 241(g) of the Immigration and Nationality Act
(8 U.S.C. 1231(g)). The report shall include proposals for the
temporary expansion of State and local jails to detain increased
numbers of illegal aliens pending construction or expansion of Federal
detention facilities.
(b) New Construction in High Concentration Areas.--In accordance
with such section 241(g), the Secretary shall ensure that, to the
greatest extent practicable, construction of new detention facilities
is undertaken in or near areas in which the Secretary has determined
that there is a high concentration of illegal aliens.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
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