Scott Gardner Act
Key claim: The Scott Gardner Act would require state and local law enforcement agencies to share immigration and DWI information with federal authorities as a condition of SCAAP funding, mandate flagging of deportable aliens in NCIC, and authorize alien apprehension for DWI offenses.
Abstract
(HR1199 · 111th Congress) Scott Gardner Act - Directs the Secretary of Homeland Security to share immigration information with the Attorney General. Requires a joint report from such officials to Congress on improving the performance of federal immigration databases to ensure the prompt entry of immigration information. Requires: (1) the director of each state and local law enforcement agency to collect and report to the Secretary all immigration and DWI (driving while intoxicated) information collected in the course of normal duties as a condition of receipt of state criminal alien assistance program (SCAAP) funding; (2) such information to appear as a flag on the wants/warrants page of the National Criminal Information Center (NCIC) database; and (3) state or local detention of an arrested flagged alien pending federal transfer. Amends the Immigration and Nationality Act to: (1) require the Secretary to reimburse the costs of training state and local law enforcement employees on federal immigration laws; and (2) authorize the apprehension and detention of an alien for DWI or a similar violation, as long as the alien is deportable on any other grounds or is an illegal alien. Requires each state motor vehicle administrator to share with the Secretary all information concerning aliens with records of DWI convictions or refusals to take sobriety tests. Directs the Secretary to submit to Congress a formula for the allocation of federal detention facilities for aliens. Latest action (2009-03-16): Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
Why this matters
The Scott Gardner Act would deepen the integration of routine local policing — particularly DWI enforcement — with federal immigration removal pipelines by tying SCAAP dollars to information sharing and flagging deportable aliens in NCIC. For affected populations, this expands the range of everyday encounters with local police that can trigger immigration consequences, and it constrains state and local discretion over cooperation with ICE. It sits within a broader legislative pattern conditioning federal funds on immigration-enforcement participation.