(a) In general

Chapter 2 of title 18, United States Code, is amended by adding at the end the following:

40B. Evading arrest or detention while operating a motor vehicle

(a) Offense

A person commits an offense under this section by operating a motor vehicle within 100 miles of the United States border while intentionally fleeing from—

(1)

a pursuing U.S. Border Patrol agent acting pursuant to lawful authority; or

(2)

any pursuing Federal, State, or local law enforcement officer who is actively assisting, or under the command of, U.S. Border Patrol.

(b) Penalties

(1) In general

Except as provided in paragraphs (2) and (3), any person who commits an offense described in subsection (a) shall be—

(A)

imprisoned for a term of not more than 2 years;

(B)

fined under this title; or

(C)

subject to the penalties described in subparagraphs (A) and (B).

(2) Serious bodily injury

If serious bodily injury results from the commission of an offense described in subsection (a), the person committing such offense shall be—

(A)

imprisoned for a term of not less than 5 years and not more than 20 years;

(B)

fined under this title; or

(C)

subject to the penalties described in subparagraphs (A) and (B).

(3) Death

If the death of any person results from the commission of an offense described in subsection (a), the person committing such offense shall be—

(A)

imprisoned for a term of not less than 10 years and up to life;

(B)

fined under this title; or

(C)

subject to the penalties described in subparagraphs (A) and (B).

(b) Clerical amendment

The analysis for chapter 2 of title 18, United States Code, is amended by adding at the end the following:

(a) Inadmissibility

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:

(J) Evading arrest or detention while operating a motor vehicle

Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a violation of section 40B(a) of title 18, United States Code, is inadmissible.

(b) Deportability

Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

(G) Evading arrest or detention while operating a motor vehicle

Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a violation of section 40B(a) of title 18, United States Code, is deportable.

(c) Ineligibility for relief

Chapter 2 of title II of the Immigration and Nationality Act is amended by inserting after section 208 the following:

208A. Ineligibility for relief related to evading arrest or detention while operating a motor vehicle

Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a violation of section 40B(a) of title 18, United States Code, shall be ineligible for relief under the immigration laws, including asylum under section 208.

(1)

identifies the number of people who committed a violation of section 40B(a) of title 18, United States Code, as added by section 2(a); and

(2)

summarizes—