HR 8302
Stop Illegal Aliens Drunk Driving
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Bill overview
This bill changes the definition of an aggravated felony under immigration law to include certain serious drunk driving offenses. Specifically, it amends the Immigration and Nationality Act to classify driving under the influence, impaired driving, or driving under the influence of illegal substances resulting in death or serious injury as an aggravated felony. This change impacts an alien's admissibility to the United States if convicted of such offenses. The bill also clarifies that these drunk driving convictions, regardless of whether they are classified as misdemeanors or felonies, will be considered aggravated felonies for immigration purposes.
Key provisions
- Expands the definition of aggravated felony to include serious drunk driving offenses.
- Specifically includes offenses related to driving while intoxicated, impaired, or under the influence of alcohol, controlled substances, or illegal narcotics.
- Classifies convictions resulting in death or serious bodily injury as triggering aggravated felony status.
- Considers drunk driving convictions as felonies for immigration purposes, regardless of state or local classification.
- Modifies sections 212(a)(2) and 276(b) of the Immigration and Nationality Act to reflect the changes.
- Establishes a date of enactment for the effective date of the changes.
- Specifies that the amendments apply to actions taken on or after the date of enactment, regardless of when the underlying conviction occurred.
Who is affected
- Immigrants
- Individuals seeking admission to the United States
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119th CONGRESS — 2d Session
H. R. 8302
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the definition of aggravated felony in the Immigration and Nationality Act to include certain serious drunk driving offenses.
This Act may be cited as the Stop Illegal Aliens Drunk Driving
.
Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended—
in subparagraph (T), by striking and
at the end;
by redesignating subparagraph (U) as subparagraph (V); and
by inserting after subparagraph (T) the following:
an offense relating to driving while intoxicated, impaired, or under the influence of alcohol, a controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), or any other illegal narcotic or intoxicating substance—
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(F)) is amended—
by redesignating subparagraph (F) as subparagraph (J) and moving such subparagraph so that it appears immediately after subparagraph (I); and
This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.
The amendments made by sections 2 and 3 shall apply—
with respect to section 237(a)(2)(A)(iii), if the underlying aggravated felony is described in section 101(a)(43)(U) or 212(a)(2)(F), only to actions taken on or after the date of the enactment of this Act, regardless of when the relevant criminal conviction occurred.