On June 27, 2013, the U.S. Senate passed the Border Security, Economic Opportunity, and Immigration Modernization Act with a majority of 68 votes. Among the many immigration and border security issues covered in its 1,200 pages, the bill includes new provisions that specifically target drunk drivers seeking entry and citizenship in the U.S.
Section 3702 of the act allows for the deportation of aliens who are convicted of 3 or more drunk driving offenses if at least one of them occurs after the passage of the act. The act alters the definition of “aggravated felony” as it relates to immigration and those seeking naturalized citizenship to include a third drunk driving conviction, for which the term of imprisonment is at least 1 year. It also seeks to ban “habitual” drunk drivers—defined as “an alien convicted of three or more offenses for driving under the influence or driving with intoxicated on separate dates”—by making them ineligible to receive a visa or entry into the U.S.
Some supporters of the bill claim that the inclusion of these provisions is an acknowledgment that impaired driving has serious repercussions, not just on individuals but on the country as a whole. Critics claim the bill allows aliens, both those here legally and illegally, to remain in the country (and to perhaps continue on a path toward citizenship) even with one or two drunk driving convictions. They point to cases like that of Manuel Vazquez, who is accused of killing a New Jersey man and injuring his two children on Father’s Day while driving intoxicated. Vazquez is not in the U.S. legally, does not possess a U.S. driver’s license, and was arrested for drunk driving in Texas several weeks before the fatal crash in New Jersey.
The drunk driving provisions in the act could also be complicated by variations in state impaired driving laws. Some states make a third DUI conviction a felony, while others don’t make drunk driving a felony until a fourth conviction. Five states have no felony DUI laws at all.
In addition, previous convictions often have to occur within a certain time period for the most recent offense to be considered a felony, according to a report issued by MADD. And the bill allows the Secretary of Homeland Security to waive the two-DUI limit for illegal aliens seeking legalization “for humanitarian purposes, to assure family unity, or if it is otherwise in the public interest.”
Should noncitizens be given the opportunity to pay their debt to society, possibly receive treatment, and be allowed to stay in the country after a DUI conviction? What implications might the bill have for local law enforcement?
Great idea to deport illegal aliens with three or more DUI convictions. I also like the idea of revoking the citizenship of American citizens who have 3 or more DUIs, and then deporting them too.
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