Passed
246 Yea160 Nay25 Not voting1/2 required
HR-875-119
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Sponsored by Barry Moore (R-AL)
What it does
This bill would amend the Immigration and Nationality Act to make any non-citizen who has been convicted of, admitted to, or admitted committing acts constituting a driving while intoxicated (DWI) or driving under the influence (DUI) offense inadmissible to the United States and deportable if already present. The bill applies regardless of whether the offense is classified as a misdemeanor or felony under federal, state, tribal, or local law, and uses the definition of DUI/DWI from whichever jurisdiction the offense occurred in.
Who benefits
U.S. citizens and residents who may be victims of DUI-related crashes involving non-citizens. Families of people killed or injured in such incidents, including the families memorialized in the bill's name. State and local governments that may see reduced DUI-related costs. Immigration enforcement agencies (DHS/ICE) that would gain a new statutory basis for removal proceedings. Advocates for stricter immigration enforcement.
Who is hurt
Non-citizens — including lawful permanent residents (green card holders), visa holders, and others — who have a prior DUI/DWI conviction, even a single misdemeanor offense, and could face deportation or be barred from entry. Non-citizens who admitted to DUI acts without a formal conviction could also be affected. Mixed-status families where a member faces deportation. Immigrants from jurisdictions with lower DUI thresholds, who may be treated differently than those from jurisdictions with higher thresholds. Immigration attorneys who would face increased caseloads. Communities with large immigrant populations that may experience family separations.
Supporters argue
Supporters argue that driving under the influence is a serious public safety offense that kills roughly 13,500 Americans annually, according to NHTSA data, and that non-citizens who commit such offenses have demonstrated disregard for public safety and forfeited their right to remain in or enter the country. They contend that current immigration law already bars non-citizens for a wide range of crimes, and that DUI — which can be lethal — is a conspicuous gap in that framework. They further argue the bill applies a consistent, objective standard by relying on existing state and local DUI definitions, rather than creating a new federal offense category.
Opponents argue
Opponents argue that a single misdemeanor DUI — an offense for which U.S. citizens face fines, license suspension, or brief jail time — would trigger permanent deportation or inadmissibility for non-citizens, creating a severe disparity in consequences for the same conduct. They contend that because DUI standards vary significantly by jurisdiction (e.g., blood alcohol thresholds, drug impairment definitions), similarly situated individuals could face vastly different immigration consequences depending on where their offense occurred, raising Due Process concerns under the Fifth Amendment. They also argue the bill's "admits committing acts" language, which requires no conviction, could expose non-citizens to removal based on unproven allegations.
Constitutional context
The Naturalization Clause (Art. I, §8, cl. 4) and the Necessary and Proper Clause give Congress broad authority to define grounds for inadmissibility and deportability. However, the Fifth Amendment's Due Process Clause is relevant to the bill's "admits committing acts" provision, which could trigger removal without a conviction — a standard that may face challenge under Zadvydas v. Davis (2001) and related due process precedents protecting non-citizens inside the United States.
Checks and balances
Congress gains authority by expanding statutory grounds for removal and inadmissibility; the Executive Branch (DHS/ICE) retains enforcement discretion; immigration courts and federal courts provide judicial review of individual removal orders.
Historical precedent
Congress has previously expanded deportability grounds for criminal offenses through the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which broadened the category of "aggravated felonies" triggering removal, though DUI was not included as a standalone ground at that time.
Passed