An amendment numbered 12 printed in House Report 109-350 to provide for removal of unauthorized aliens upon conviction of drunk driving.

1. Rewrites section 606(a)

   Replaces

   Removes section 606(a).

   Inserted: (a) In General.--Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended--

   Inserted: (1) in subsection (c)(1)--

   Inserted: (A) in subparagraph (C), by striking "or" at the end;

   Inserted: (B) in subparagraph (D), by inserting "or" at the end; and

   Inserted: (C) by inserting after subparagraph (D) the following new subparagraph:

   Inserted: "(E) is unlawfully present in the United States and who is deportable on any grounds and is apprehended for any offense described in section 237(a)(2)(F) by a State or local law enforcement officer covered under an agreement under section 287(g),";

   Inserted: (2) by redesignating subsection (e) as subsection (f); and

   Inserted: (3) by inserting after subsection (d) the following new subsection:

   Inserted: "(e) Driving While Intoxicated.--If a State or local law enforcement officer apprehends an individual for an offense described in section 237(a)(2)(F) and the officer has reasonable ground to believe that the individual is an alien--

   Inserted: "(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; and

   Inserted: "(2) if any such database--

   Inserted: "(A) indicates that the individual is an alien unlawfully present in the United States--

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   Inserted: "(i) an officer covered under an agreement under section 287(g) 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;

   Inserted: "(ii) 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; and

   Inserted: "(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

   Inserted: "(B) indicates that the individual is an alien but is not unlawfully present in the United States, the officer shall take the alien into custody for such offense in accordance with State law and shall promptly notify the Secretary of Homeland Security of such apprehension and 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.".

   Inserted: (b) Deportation for DWI.--

   Inserted: (1) In general.--Section 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following new subparagraph:

   Inserted: "(F) Driving while intoxicated and while unlawfully present in the united states.--An alien--

   Inserted: "(i) who at the time the alien is unlawfully present in the United States and who commits the offense of driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security) and who is convicted of such offense, or

   Inserted: "(ii) who is unlawfully present in the United States and who commits an offense by refusing 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.".

   Inserted: (2) Effective date.--The amendment made by paragraph (1) shall apply to violations or refusals occurring after the date of the enactment of this Act.

   Inserted: (c) Sharing of Information by Motor Vehicle Administrators Regarding DWI Convictions and Refusals.--Each State motor vehicle administrator shall--

   Inserted: (1) share with the Secretary of Homeland Security information relating to any alien who has a conviction or refusal described in section 237(a)(2)(F) of the Immigration and Nationality Act;

   Inserted: (2) share such information with other State motor vehicle administrators through the Drivers License Agreement of the American Association of Motor Vehicle Administrators; and

   Inserted: (3) enter such information into the NCIC in a timely manner.

   Original wording

   Strike section 606(a) and insert the following (and redesignate subsequent subsections accordingly):

Read automatically from the Congressional Record. Check the original before relying on it.

As printed