Driving while intoxicated (DUI) may become a deportable offense for Green Card and visa holders, even if they have prior convictions, states a new proposed bill in the US dubbed the Protect Our Communities from DUIs Act.
The House of Representatives (US Congress) passed the bill in June. It has the “full support” of the White House and it is currently being reviewed by the Senate.
If approved, the White House-supported bill would permit deportation or refusal of entry for non-citizens who have had a single DUI, regardless of the date of the offense. Immigrant groups are concerned about this action, which may have an impact on Indian Green Card and visa holders.
Immigration lawyers caution that the bill’s expansive reach, which covers cases in which a person confesses to drinking and driving even if they have not been found guilty, could circumvent due process and disproportionately impact lawful residents.
The action was taken concurrently with US President Donald Trump’s campaign to expel illegal immigrants from the country.
US takes a step to expel immigrants for drink and drive
The Senate is currently considering a bill that would deport drunk drivers. When the law was passed in Congress in June, Republicans overwhelmingly supported it in opposition to Democrats. If passed, it might make “Driving Under Influence” (DUI) a reason for non-citizens of the US to be deported and denied entry.
“Being in the United States is a privilege, not a right,” wrote Bob Onder, a member of the Judiciary GOP and Transport GOP, in a post on X, endorsing the bill. “Illegal aliens caught driving while intoxicated ought to be deported right after they’ve been booked.”
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Challenges to be faced by Indian Green Card and visa holders
The US immigrant community, particularly Indian Green Card and visa holders, is apprehensive about this bill.
The majority of overseas students studying in the US are Indians, who fall under a variety of visa classifications. Likewise, the largest group of people who receive Green Cards each year are India-born individuals.
“If it becomes law, anyone who is not a US citizen (including Green Card holders, international students, and H-1B/TN workers) could become inadmissible and deportable for having a DUI on record,” wrote US-based immigration attorney Joseph Tsang in a post on LinkedIn.
“A DUI could get Green Card holders deported. Even from 10 years ago,” he added.
Deportation or denial of entry are not automatic penalties for minor DUI offenses under current laws and regulations. However, this is what the Protect Our Communities from DUIs Act, or HR 875 Bill, aims to amend.
Here’s what White House has said
Over 43,000 illegal aliens were detained by ICE for DUI charges between 2018 and 2023. According to a White House Office of Management and Budget statement, this bill could fix a legislative error and guarantee that undocumented immigrants who recklessly jeopardize the lives of Americans are declared inadmissible and expelled from the nation.
Experts, critics warn against risky part of the bill
However, critics and experts caution that the bill’s primary problem is “proportionality”.
“It skips rehabilitation. It skips due process,” Immigration lawyer Tsang said, stressing that the most challenging part of the bill is that “there will be no hearing, no warning, no path forward.”
Another significant problem of the bill was brought up on the website of the US law firm Landerholm Immigration.
“One of the most alarming parts of this bill is that you don’t even need a conviction to be targeted. If you’ve ever admitted to drinking and driving, that alone could make you inadmissible to the US. Even if the charges were dropped. Even if you took a plea. Even if it happened many years ago. This is an extremely broad, and harsh, standard,” Landerholm Immigration noted.
