Scott Gardner Act
Key claim: The Scott Gardner Act would require state and local law enforcement to collect and report immigration and DWI information to DHS, flag deportable aliens in the NCIC database, and authorize detention of aliens arrested for DWI pending federal transfer.
Abstract
(HR1355 · 110th 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; (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 (2007-03-12): Referred to the Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment.
Why this matters
The Scott Gardner Act would deepen the integration of routine state and local policing (particularly DWI arrests) into federal immigration enforcement by mandating data sharing and NCIC flagging of deportable aliens. For affected populations, a DWI arrest could trigger detention and transfer to federal custody regardless of local sanctuary policies, effectively narrowing the practical space in which state-level non-cooperation policies operate.