Scott Gardner Act

Statement

Scott Gardner Act

When members of our local community experience tragedy, the news almost always hits hard and too close to home. But recent headlines announcing a Virginia Beach car wreck seem to have permeated the entire nation. Last month, two teenage girls were rear-ended by a drunk driver and tragically killed. The man charged with manslaughter is here in the United States illegally and has a record of alcohol related convictions, including a DUI conviction. Many people are wondering, why is an illegal immigrant allowed to stay in the United States when he has numerous criminal convictions? And furthermore, why wasn't he detained the first time officials realized he was an illegal immigrant?

Since coming to Congress in 2001, illegal immigration has topped the list of concerns that my constituents regularly express to me. As a member of the House Judiciary Subcommittee on Immigration and as a member of the Immigration Reform Caucus, I have worked to see that staffing and security are increased at our borders, that the current laws of our nation are enforced, that our partners at the state and local level are receiving the resources they need to combat illegal immigration, and that the legal rights of U.S. Citizens are being protected

This week, in order to address some of the questions that this unfortunate incident has created, I cosponsored H.R. 1355, the Scott Gardner Act. The bill is named for a North Carolina man who, like the teenage girls in Virginia Beach, was killed by an illegal immigrant who was driving under the influence of alcohol. Like the driver in the Virginia Beach case, this illegal immigrant had previous DUI convictions. As the Virginia Beach headlines attest, we are beginning to here echoes of this situation across the nation, and it is important that we pass legislation that will strengthen our immigration laws in order to preserve our safety.

The Scott Gardner Act includes a number of important provisions aimed at preventing similar tragedies and providing local law enforcement with the tools to effectively partner with the federal government to address illegal immigration. If passed, the Scott Gardner Act will:

- Make DUI convictions grounds for mandatory detention and deportation for illegal immigrants.

- Aid the enforcement of our immigration laws by requiring the sharing of immigration information among federal, state, and local law enforcement agencies.

- Improve the operation and compatibility of federal immigration and criminal databases.

- Require state and local law enforcement agents to collect immigration information while in the course of normal duties and exempt the collection of this information on individuals assisting law enforcement.

- Require state and local law enforcement agencies to participate in immigration law enforcement training and will pay for it with existing funds.

- Increase detention facility space.

This tragedy has brought about the sharp realization for many that our illegal immigration problem must be addressed by all levels of government. In the weeks and months that follow, we have an opportunity to work together. As representatives of the federal government, legislators at the state level, elected officials in our cities and counties, agents of our judicial system, community leaders, and citizens, we each have a part to play and a voice to be heard in deciding the most appropriate means to combat illegal immigration. Although the Scott Gardner Act is only a small step towards reforming our nation's immigration policy, it rightly moves us towards tangible solutions, more effective communication, and increased resources that are necessary to reduce the impact of illegal immigration in our communities and across our nation.

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