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S. 2365 (109th): Scott Gardner Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Mar 3, 2006.

Scott Gardner Act - Directs the Secretary of Homeland Security to share immigration information with the Attorney General. Requires a joint report from such officials to Congress on improving the performance of federal immigration databases to ensure the prompt entry of immigration information.

Requires: (1) the director of each state and local law enforcement agency receiving federal incarceration funds under the Immigration and Nationality Act (INA) to collect and report to the Secretary all immigration and DWI (driving while intoxicated) information collected in the course of normal duties; and (2) such information to appear in the wanted person file of the National Criminal Information Center (NCIC) database. Requires mandatory state or local detention of such an arrested person pending transfer to federal custody.

Amends INA to: (1) require the Secretary to reimburse the costs of training state and local law enforcement employees on federal immigration laws; and (2) authorize the apprehension and detention of an alien for DWI or a similar violation, as long as the alien is deportable on any other grounds or is an illegal alien.

Requires each state motor vehicle administrator to share with the Secretary all information concerning aliens with records of DWI convictions or refusals to take sobriety tests.

Directs the Secretary to submit to Congress a formula for the allocation of federal detention facilities for aliens.