H.R. 8302 — Stop Illegal Aliens Drunk Driving

This section adds to the definition of aggravated felony under the Immigration and Nationality Act a conviction for driving while intoxicated, impaired, or under the influence of alcohol, a controlled substance, or any other illegal narcotic or intoxicating substance that results in the death of or serious bodily injury to another person, regardless of whether the conviction is classified as a misdemeanor or felony under federal, state, tribal, or local law. (Aggravated felonies render noncitizens deportable from the United States and generally ineligible for most forms of immigration relief.)

This section establishes a new ground of inadmissibility under INA §212(a)(2) for any alien convicted of, who admits having committed, or who admits committing acts constituting the essential elements of any state, federal, or foreign law or regulation relating to driving while intoxicated or impaired by alcohol or drugs, as described in INA §101(a)(43)(U) (i.e., offenses for which the individual was sentenced to some term of imprisonment, regardless of whether executed). (Thus, such aliens are ineligible for visas, admission, or adjustment of status in the United States.)

This section sets the effective date of the Act and its amendments as the date of enactment. It further specifies that the amendments made by sections 2 and 3 apply (1) to actions taken on or after the date of enactment, regardless of when the relevant criminal conviction occurred; (2) with respect to INA §276(b), only to violations of INA §276(a) occurring on or after such date; and (3) with respect to INA §237(a)(2)(A)(iii), if the underlying aggravated felony is described in INA §101(a)(43)(U) (i.e., fraud or misuse of visas, permits, or other documents) or §212(a)(2)(F) (i.e., misrepresentation), only to actions taken on or after the date of enactment, regardless of when the relevant criminal conviction occurred.