§ 3702 : BANNING HABITUAL DRUNK DRIVERS FROM THE UNITED STATES

GROUNDS FOR DEPORTATION.— Section 237(a)(2)(8 U.S.C. 1227(a)(2)) as amended by section 3701(b), is further amended by adding at the end the following:

H.

HABITUAL DRUNK DRIVERS.—An alien convicted of 3 or more offenses for driving under the influence or driving while intoxicated, at least 1 of which occurred after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, is deportable.

IN GENERAL.—

1.

AGGRAVATED FELONY.—Section 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is amended by striking for which the term of imprisonment and inserting , including a third drunk driving conviction, for which the term of imprisonment is

2.

EFFECTIVE DATE AND APPLICATION.—

A.

EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act.

B.

APPLICATION.—

i.

IN GENERAL.—Except as provided in subparagraph (ii), the amendment made by paragraph (1) shall apply to a conviction for drunk driving that occurred before, on, or after such date of enactment.

ii.

TWO OR MORE PRIOR CONVICTIONS.—An alien who received 2 or more convictions for drunk driving before the date of the enactment of this Act may not be subject to removal for the commission of an aggravated felony pursuant to section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)(iii)) on the basis of such convictions until the date on which the alien is convicted of a drunk driving offense after such date of enactment.

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