Scott Gardner Act
Key claim: The Scott Gardner Act (HR3776, 109th Congress) would require DHS-state/local law enforcement information sharing on immigration and DWI records, flag such data in the NCIC database, and authorize detention of deportable aliens apprehended for DWI offenses.
Abstract
(HR3776 · 109th 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; and (2) such information to appear as a flag on the wants/warrants page of the National Criminal Information Center (NCIC) database. 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 (2005-10-17): Referred to the Subcommittee on Immigration, Border Security, and Claims.
Why this matters
The Scott Gardner Act illustrates a long-running legislative pattern of using state/local DWI enforcement as an entry point for federal immigration detention, extending DHS-AG coordination duties to routine traffic-level encounters. For affected populations, such proposals would expand the range of contacts that trigger immigration consequences and embed removability flags directly into commonly-queried law enforcement databases. Though never enacted, the bill remains a reference point for later interior-enforcement information-sharing measures.