In June, the United States House of Representatives passed a proposal with an overwhelming majority vote that could change the long-standing deportation standards once it is approved by the Senate and becomes law.
The proposal, named “The Protect Our Communities from DUIs Act,” states that individuals, unless born as U.S. citizens, will face deportation consequences if convicted or plead guilty to a DUI offense, regardless of whether the offense is classified as a misdemeanor or felony under state, local, tribal, or federal law.
The House’s bill introduces two main reforms. Firstly, it expands the scope of the prohibition on entry into the U.S. in the U.S. Code to cover any foreign nationals “convicted of, admitted having committed, or admitted to engaging in conduct constituting the essential elements of a DUI or drug-related offense.” Secondly, it broadens the scope of deportation to include any foreign national convicted of a DUI or drug-related offense, regardless of local classification of the conviction.
Once passed, the bill will amend the Immigration and Nationality Act (INA) to allow for the deportation of non-citizens, including green card holders, convicted of or admitting to DUI or driving under the influence of drugs offenses, potentially leading to loss of immigration status.
Advocates of the bill suggest that this change may also impact a significant number of legal permanent residents, international students, and visa holders with a history of DUI offenses.
The original bill (H.R.6976) was introduced by Republican Congressman Barry Moore of Alabama in January and was sent to the Senate after passing through the House in June. Republican Senator Bill Hagerty of Tennessee subsequently proposed a complementary bill aiming to achieve two goals simultaneously: 1. Prohibit illegal immigrants with DUI backgrounds from entering the U.S.; 2. Automatically deport illegal immigrants caught driving under the influence within the U.S.
Hagerty’s bill received co-signatures from fellow Republican Senators Marsha Blackburn of Tennessee, Katie Britt of Alabama, Ted Budd of North Carolina, Shelley Moore Capito of West Virginia, Tom Cotton of Arkansas, Kevin Cramer of North Dakota, Deb Fisher of Nebraska, James Lankford of Oklahoma, Mike Lee of Utah, and Thom Tillis of North Carolina.
Supporters position this bill as a public safety measure. Former Republican federal Senate candidate Peter Lumaj told “News Weekly” on Monday, August 25th, that “the dangerous behaviors of illegal immigrants could endanger Americans’ lives or cause serious bodily harm. Non-U.S. born individuals seeking citizenship must possess good moral character, and DUI is not a minor offense and should be a basis for barring citizenship… Passing this bill will not exacerbate system confusion but rather safeguard community safety.”
Critics, however, warn that the wording of the bill could potentially encompass past DUI conduct and admissions, even if those actions and admissions did not trigger deportation proceedings previously.
According to White House management and budget data, the U.S. Immigration and Customs Enforcement (ICE) arrested over 43,000 non-citizens on DUI charges between 2018 and 2023.
Los Angeles immigration lawyer Joseph Tsang stated via email to “News Weekly” that “the amended bill is set to become law and will bring various troubles to many green card holders and their families.”
In a social media post, he mentioned, “DUI records could result in green card holders being deported, even if it’s a decade-old case! If the bill goes into effect, any non-U.S. citizen—be it a green card holder, international student, or H-1B worker—with a DUI record could potentially lose immigration eligibility and face deportation.”
The bill is currently under review in the Senate, and there is no set timeline for its passage yet.