Potential Immigration Consequences COming To DUI convicitons

HR Bill 875 is currently pending in Congress, aimed at amending the Immigration and Nationality Act (INA) to categorize driving under the influence (DUI) or driving while impaired (DWI) as grounds both for denying entry to non‑citizens (“inadmissibility”) and for deportation (“removability”).

Here's a quick summary of what you need to know:

Why is the bill before Congress?

• Public safety: Advocates point to DUI-drivers potential for risk to public safety, claiming that alcohol‑impaired driving accounted for approximately 31% of crash fatalities (10,850 annual deaths,) 2012–2021. 
• Immigration gap: Due to varied state DUI classifications—some being misdemeanors—DUI convictions currently don’t consistently trigger removal, creating a "loophole" in federal immigration law.  This law would affect all non‑citizens, including Permanent Residents (green card holders), visa holders (e.g., H‑1B, B‑1), and applicants. Those in the country on a Visa could face troubles renewing. 
• Zero-Tolerance: The bill treats all DUIs uniformly, regardless of misdemeanor/felony status, aiming to ensure that any DUI-convicted non‑citizen can be denied entry or removed. As the legislation does not differentiate between misdemeanor- and felony-level DUI, critics argue this risks overly harsh deportation for low-level offenses. Unfortunately, during committee review, a proposed amendment (led by Rep. Jayapal, D‑WA) to allow consideration of mitigating factors (e.g., remorse, time since offense, family ties) was rejected .

What could this mean for non-citizens?
Under current law, various criminal convictions (e.g., controlled-substance offenses, crimes involving moral turpitude) already make non‑citizens inadmissible. H.R. 875 adds DUI/DWI to this list:

• Applies to any non‑citizen (“alien”) convicted of, admitting to, or admitting actions that meet the legal definition of DUI/DWI in the jurisdiction where the offense occurred.
• Covers alcohol‑ or drug‑related impairment.
• Applies regardless of whether the conviction is a misdemeanor or felony under federal, state, tribal, or local law.

In addition to inadmissibility, the bill establishes DUI/DWI conviction as a removal ground:

• Any non‑citizen convicted of DUI/DWI becomes subject to deportation procedures.
• Again, no distinction is drawn between misdemeanors and felonies.
• The trigger is conviction only—the individual must have been formally convicted (as opposed to simply admitting to the conduct).

​The Law Office of Devina Douglas will keep you up to date on the progress of this bill.