The Senate immigration bill as it currently stands will allow an illegal alien with two convictions “for driving under the influence or driving while intoxicated” to be granted legal status in this country.
If the alien is not then convicted of a third DUI after passage of the bill and before he is naturalized, he will remain eligible to eventually become a U.S. citizen.
And, even if an alien has been convicted of three or more DUIs, the bill allows the secretary of homeland security to waive the 2-DUI limit for illegal aliens seeking legalization if she believes it is “for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest.”
The bill brands an alien as a “habitual drunk driver” only after the alien has incurred three DUIs.
However, each of these three DUI convictions must be for an offense that happened on a separate date. Thus, theoretically, if an illegal alien were caught driving under the influence at 12:01 a.m one day, then went home and slept it off, then went out and got caught for driving under the influence again at 11:59 p.m. on the same day, he would only be counted as having one DUI under the Senate immigration bill.
The Senate Judiciary Committee’s summary of the bill put it this way:
“Section 3702. Banning habitual drunk drivers from the United States
“This section renders inadmissible and deportable any alien convicted of three offenses occurring on separate dates related to driving under the influence or driving while intoxicated. For deportation, at least one of the convictions must occur post-enactment. Further, the section makes conviction for a third drunk driving offense an aggravated felony. The provision takes effect on the date of enactment of the bill. It applies only if one of the convictions takes place after enactment of the bill.”
Pages 251-253 of Title III of the Corker-Hoeven amended text of the Senate bill (the “Interior Enforcement” section) spells out an illegal alien’s presumed right to get at least two DUIs (on separate dates) and still be legalized.
The bill says that an alien is “inadmissible” if he or she has already been convicted of at least 3 DUIs that happened on separate dates and is “deportable” if he or she had two DUI convictions before passage of the immigration-reform bill and then went out and got a third DUI conviction after passage of the bill.
Language on page 251 of Title III of the Corker-Hoeven amended bill says:
‘‘(F) HABITUAL DRUNK DRIVERS.—An alien convicted of 3 or more offenses for driving under the influence or driving while intoxicated on separate dates is inadmissible.’’
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