Federal Immigration Legislation Would Deport Illegals Convicted of DUI!
Immigration continues to be a hot topic both locally and nationally, and a federal DUI bill prompted by the death of a North Carolina man in a drunken driving accident involving an illegal immigrant is representative of this convergence of concern.
U.S. Representative Sue Myrick recently reintroduced a piece of DUI legislation which would deport any illegal immigrant convicted of drunk driving. Specifically, the "Scott Gardner Act" would require an illegal immigrant to serve out his or her DUI sentence in the United States before being deported.
The "Scott Gardner Act" is named after a Holly, North Carolina man who was killed in a 2005 drunken driving accident caused by an illegal immigrant. Specifically, Ramiro Gallegos had five previous DUI convictions prior to the accident which killed Scott Gardner and left his wife, Emily, in a vegetative state.
Myrick's DUI legislation would aim to curtail such tragic occurrences from happening again by not only calling for deportation but also requiring state and local law enforcement officials to collect information on illegal immigrants as part of their normal duties. Specifically, this DUI bill would require all drunken driving incidents involving illegal immigrants to be put in the FBI's National Criminal Information Center Database within 30 days.
Myrick has said that if this stipulation had existed before, law enforcement would have stripped the driver's license of Gallegos after seeing the records of his five previous convictions.
Myrick added that her DUI legislation would provide state and local law enforcement with the resources to accomplish such goals. As an example, the Department of Homeland Security would provide funding so states could train officers in handling illegal immigrants who are driving drunk, including putting them into mandatory detention and transporting them quickly so that they may be efficiently deported.
If states do not fulfill these duties, Myrick said they would lose federal State Criminal Alien Assistance Funding.
Myrick's DUI/Immigration Legislation Not Without Controversy!
Proponents of Myrick's combination of DUI and immigration legislation have applauded her tough stance. Scott Gardner's mother, Emily Moose, said in a MyFox WGHP story that such legislation needs to be enacted immediately in order for more lives to be saved. Alamance County Sheriff Terry Johnson said in the story that many North Carolina DUI suspects are illegal immigrants and added that if immigrants are going to come to America, they better follow the rules.
Opponents to this DUI legislation feel that immigrants should go through the same legal channels as anyone else who is arrested and charged with DUI. Others wonder if deporatation would even make a difference. As an example, Gallegos had been deported twice prior to the accident killing Scott Gardner.
Myrick's Immigration Legislation Failed in the U.S. Senate Last Year!
Myrick said that this DUI legislation is identical to the bill she introduced last year. That DUI legislation was approved in the U.S. House of Representatives before failing in the Senate. Myrick said she believes this proposed DUI law will garner more support this time around considering how immigration is a much bigger issue this year.
Visit Total Lawyers to stay updated on this legislation, and to learn more about the DUI laws in your state and the latest news on immigration and deportation.