Jessica Vaughan, director of policy studies at the Center for Immigration Studies, testified on Maat a House hearing about the need for a law to identify and deport illegal aliens who are arrested for driving under the influence. 3808 can’t help with deportations for drunk driving because ICE already considers DUI a high priority offense,” Gonzalez said in his opening remarks. Charles Gonzalez (D-Texas), who also testified on the first panel at the hearing, argued that drunk driving was already covered when state and local law enforcement agencies are taking part in the Department of Homeland Security’s Secure Communities program, which allows them to check an arrested individual’s legal status using a federal database.

If the individual is determined to be in the country illegally, they would be transferred to Immigration and Customs Enforcement (ICE). Charles Gonzalez (D-Texas), testified on March 8, 2012, that he opposes the Scott Gardner Act because it would be a burden on state and local law enforcement personnel and was 'probably unconstitutional.' (/Penny Starr)In the Gardner legislation (HR 3808), the inquiry about legal status takes place after the individual has been arrested for driving while intoxicated and the arresting officer has “reasonable grounds” to believe the that individual is an alien.

In support of her argument, Lofgren cited a Supreme Court ruling against a provision of the Brady Act, which required state officers to perform a federal background check on prospective gun buyers. Zoe Lofgren (D-Calif.), the ranking Democratic member, said at Wednesday’s hearing. “By directing state officers to treat people differently based upon their perceived alienage, the bill would essentially become a national version of the Arizona and Alabama immigration laws, inviting widespread racial profiling and discrimination in violation of the Constitution,” Rep. The bill is named after a University of North Carolina student, Scott Gardner, who was run over by Jorge Humberto Hernandez-Soto, an illegal alien who was driving drunk and who had been returned to Mexico 17 times before he killed the young college student, according to a 2005 article about the incident in the Charlotte Observer. Sue Myrick (R-N.C.), who testified on the first panel. Wednesday’s hearing of the House Judiciary Subcommittee on Immigration Policy and Enforcement focused on the Scott Gardner Act, sponsored by Rep. ()() – Despite testimony from a man whose brother was killed by an illegal alien who was driving drunk and had five previous DWI arrests, Democrats spoke out against legislation that would allow arresting officers to check the legal status of aliens and transfer confirmed illegal immigrants into federal custody. Myrick testified at a House hearing on the bill on March 8, 2012. Rep.Sue Myrick (R-N.C.) sponsored the Scott Gardner Act after a college student was run over in her state by an illegal alien who was driving drunk.

Drunk drivers killed in america