A hearing was held on March 7, 2012 concerning
H.R. 3808, the Scott Gardner Act. The act aims to amend the
Immigration and Nationality Act to direct the
Attorney General to take into custody an alien who is unlawfully in the United States and is arrested by a state or local law enforcement officer for driving while intoxicated or a similar violation. The act directs the officer, upon reasonable grounds to believe the individual is an alien, to verify the individual’s immigration status, and to take into custody for federal transfer an individual who is unlawfully in the United States. The Act also directs the
Secretary of Homeland Security to reimburse states and localities for related transportation costs when such transportation is not done in the course of normal duties.