S. 3584 — Stop Illegal Aliens Drunk Driving

This section expands the definition of aggravated felony under the Immigration and Nationality Act by adding a new subparagraph (U) to include an offense relating to driving while intoxicated, impaired, or under the influence of alcohol, a controlled substance (as defined in 21 U.S.C. 802(6)), or any other illegal narcotic or intoxicating substance that results in the death of or serious bodily injury to another person, for which the noncitizen was convicted regardless of whether classified as a misdemeanor or felony under federal, state, tribal, or local law. (Thus, such convictions render noncitizens deportable and ineligible for most forms of immigration relief.)

This section establishes a new ground of inadmissibility under INA §212(a)(2)(F) for any alien convicted of, who admits having committed, or who admits committing acts constituting the essential elements of any law or regulation of a state, the United States, or a foreign country relating to an offense described in INA §101(a)(43)(U) (i.e., driving while intoxicated or under the influence of alcohol or drugs for which the individual was sentenced to more than one year imprisonment). It redesignates existing subparagraph (F) as subparagraph (J).

This section provides that the Act and its amendments take effect on the date of enactment. It further specifies the applicability of amendments made by sections 2 and 3 as follows: (1) to actions taken on or after enactment, regardless of the date of the relevant criminal conviction; (2) with respect to INA §276(b) (penalties for reentry of removed aliens), only to violations of INA §276(a) occurring on or after enactment; and (3) with respect to INA §237(a)(2)(A)(iii) (deportability due to aggravated felony), if the underlying aggravated felony is described in INA §101(a)(43)(U) (fraud or deceit offenses) or §212(a)(2)(F) (offenses relating to controlled substances), only to actions taken on or after enactment, regardless of the date of the relevant criminal conviction.