New Bill Threatens Green Card Holders with Deportation Over DUI

The Trump administration is dealing immigrants in a very strict manner imposing restrictions and rules stringently. New bill is being proposed in the US dubbed the Protect Our Communities From DUIs Act, driving while intoxicated (DUI) may become a deportable offense for Green Card and visa holders, even if they have prior convictions.

Reportedly, the House of Representatives (US Congress) passed the bill in June. The White House also has given its full support to the bill and currently, it is being reviewed by the Senate.

Once approved, the bill would permit deportation or refusal of entry for non-citizens who have had a single DUI, regardless of the date of the offense. The bill has become a cause of concern for immigrants as it can have an impact on Indian Green Card and visa holders.

Immigration lawyers caution that the bill’s expansive reach could circumvent due process and have an impact on even the lawful residents. The bill covers cases wherein a person if he confesses to drinking and driving would be taken to action, even if they have not been found guilty.

In June, when the law was passed in Congress, the Republicans overwhelmingly supported it in opposition to Democrats. If the bill is passed, it might make “Driving Under Influence” (DUI) a reason for non-citizens of the US to be deported and denied entry.

Grave Repercussions

Serious consequences are making the US immigrant community, particularly the Indian Green Card and visa holders, apprehensive about the bill. The majority of overseas students studying in the US are Indians, who fall under a variety of visa classifications. Similarly, the largest group of people who receive Green Cards each year are Indian citizens. “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.

It may be recalled that deportation or denial of entry are not automatic penalties for minor DUI offenses under current laws and regulations. However, the Protect Our Communities from DUIs Act, or HR 875 Bill aims to amend the same leniency and make it more strict.

According to White House Office of Management and Budget statement, this bill could fix a legislative error and guarantee that undocumented immigrants who could put the lives of America at threat due to their negligence and recklessness, are declared inadmissible and expelled from the nation. The ICE detained over 43,000 illegal immigrants on DUI charges between 2018 and 2023.

Harsh Regulation

Meanwhile, Immigration advocates say that the law is extremely broad and harsh because admitting that one was drinking and driving alone could make you inadmissible to the US, even if the charges were dropped. Even when the incident happened many years ago. The bill skips rehabilitation and due process. There will be no hearing, no warning, no path forward and this is the most challenging part of the bill, they added.