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A US bill under Senate review seeks to make drunk-driving grounds for deportation or denial of entry, even without conviction and regardless of how long ago the offence occurred
While the bill primarily targets illegal immigrants, the language makes it clear that legal residents are not exempt. (Pexels/Representative Image)
The United States is pushing forward a bill that could change how drink-driving offences are treated under immigration law, not just for undocumented migrants, but also for legal residents, including Green Card holders, international students, and skilled workers.
Called the Protect Our Communities from DUIs Act, the legislation was passed in the US House of Representatives in June this year, with 246 votes in favour and 160 against, and is now under Senate review.
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If enacted, it would amend the Immigration and Nationality Act to make driving under the influence (DUI) a deportable and inadmissible offence for non-citizens, regardless of whether the offence is categorised as a misdemeanour or felony, and regardless of how long ago it occurred. The proposal could affect even a single DUI offence from a decade ago.
What Does The Bill Say?
The bill was introduced in January this year by Representative Barry Moore, a Republican from Alabama. The legislation is now in the Senate, where a companion version has been introduced by Senator Bill Hagerty of Tennessee, backed by more than a dozen Republican senators including Marco Rubio, who serves as Secretary of State, according to Newsweek.
At the core of the proposal are two sweeping amendments to the Immigration and Nationality Act, aimed at turning any drink-driving incident into a deportable or inadmissible offence for non-citizens — even if it occurred long ago, did not result in a conviction, or was handled under local laws as a minor infraction.
Specifically, the bill proposes:
- To classify any non-citizen as inadmissible if they have been convicted of, admit to having committed, or admit to acts that constitute the essential elements of driving while intoxicated or impaired.
- To make such individuals deportable, even if their DUI offence was categorised differently under state, local, tribal or federal law such as a civil offence or a misdemeanour.
As reported by The Mirror, the bill’s language significantly broadens the net, allowing immigration authorities to take action not only in cases with formal convictions, but also where the individual merely admitted to drinking and driving. This could include plea bargains, dropped charges, or even statements made during immigration interviews. In effect, someone could be targeted for an offence that was never fully prosecuted or punished, but simply acknowledged in some form.
This marks a radical departure from existing policy, under which a single, low-level DUI has generally not been considered sufficient grounds for deportation, particularly for legal immigrants who otherwise meet the criteria for continued residence or citizenship.
How Would It Impact Legal Immigrants, Including Indians?
The bill’s broad scope has alarmed immigration attorneys, rights advocates, and immigrant communities, including Indians, who make up the largest group of international students in the US and receive the highest share of Green Cards annually, as reported by India Today.
If passed in its current form, the law could:
- Apply retroactively to past DUI offences
- Apply even if the offence was non-violent or occurred decades ago
- Apply to cases where the individual was not convicted, but admitted to drinking and driving
- Override existing legal protections afforded to long-time residents
Immigration attorney Joseph Tsang told Newsweek that the bill could “cause lots of grief for many Green Card holders and their families,” and emphasised that proportionality and process had been bypassed. “It skips rehabilitation. It skips due process,” Tsang warned.
What Do Supporters Of The Bill Say?
Supporters have framed the legislation as a public safety measure, particularly amid a renewed Trump-era emphasis on immigration enforcement.
Senator Bill Hagerty, in a statement from February 2024, claimed that the bill was necessary due to a “surge in violent crimes committed by illegal immigrants.” He said it was “unconscionable that illegal immigrants that break our laws and endanger our communities are allowed to remain in the US,” and accused President Biden and the Democrats of prioritising “far-left immigration policies” over public safety.
The White House Office of Management and Budget (OMB) has also backed the bill. According to India Today, the OMB noted that over 43,000 illegal immigrants had been arrested for DUI-related offences between 2018 and 2023, and that the legislation would fix “an oversight in current law” to ensure such individuals could be deported.
Why Are Critics Calling It Dangerous?
Multiple immigration experts, law firms, and advocacy groups have argued that the bill’s language is excessively broad and could devastate law-abiding immigrant families.
In a viral LinkedIn post, Immigration attorney Joseph Tsang said: “A DUI could get Green Card holders deported. Even from 10 years ago. If it becomes law, anyone who is not a US citizen — be they Green Card holders, international students or H-1B workers — could become inadmissible and deportable for having a DUI on record.”
Others have expressed concern over the lack of hearings, the absence of rehabilitation pathways, and the elimination of individual assessment.
What Is The Current Status Of The Bill?
As of now, the bill has:
- Passed the House of Representatives with a comfortable majority
- Moved to the Senate, where Senator Hagerty’s version is under committee review
- Received “full support” from the White House Office of Management and Budget (OMB), according to India Today
There is no public timeline yet for when the Senate will vote or whether the bill will undergo significant changes. However, multiple immigration attorneys told Newsweek they believe the bill “will eventually become law”, albeit possibly with modifications.
What Does US Law Currently Say About DUIs And Deportation?
Under current US immigration law, a single DUI offence, especially one that is non-violent, non-fatal, and not classified as a felony, typically does not make a non-citizen automatically deportable or inadmissible.
This legal position was cemented in the landmark Supreme Court ruling in Leocal v. Ashcroft (2004), which held that a routine DUI offence does not constitute an “aggravated felony” under the Immigration and Nationality Act (INA). The Court clarified that only DUI convictions involving reckless disregard for life, such as those causing serious bodily harm, could be treated as deportable under aggravated felony provisions. Simply put, a standard DUI, absent aggravating factors, was not enough to trigger automatic removal proceedings.
Moreover, immigration enforcement authorities have long operated under internal guidelines that weigh the totality of an immigrant’s record, such as length of stay, family ties, rehabilitation, and threat to public safety, before initiating deportation. A single, old, non-violent DUI has typically not warranted removal, especially if it did not involve repeat offences or criminal negligence.
If the Protect Our Communities from DUIs Act becomes law, it would effectively override this precedent, by turning even a single, past DUI admission into grounds for removal.
Why Indian Visa Holders Should Pay Attention
While the bill primarily targets illegal immigrants, the language makes it clear that legal residents are not exempt. Green Card holders, H‑1B workers, international students, and even visitors could find themselves facing entry bans or deportation notices, for offences they may have long considered closed.
With Indians forming the largest legal immigrant group in the US, and thousands on non-immigrant visas at any given time, the implications are serious.
If passed, the law would reshape US immigration enforcement, signal a sharp return to Trump-era zero tolerance, and leave little room for redemption, even for long-settled immigrants with a single old offence.
About the Author
Karishma Jain, Chief Sub Editor at News18.com, writes and edits opinion pieces on a variety of subjects, including Indian politics and policy, culture and the arts, technology and social change. Follow her @kar…Read More
Karishma Jain, Chief Sub Editor at News18.com, writes and edits opinion pieces on a variety of subjects, including Indian politics and policy, culture and the arts, technology and social change. Follow her @kar… Read More
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