The Protect Our Communities from DUIs Act: What it Could Mean for Immigrants Arrested for DUI

The “Protect Our Communities from DUIs Act” has passed the U.S. House of Representatives (June 26, 2025) and is now in the Senate. It is not law as of today (September 1, 2025). If enacted in its current form, it would make any DUI—even a misdemeanor—an explicit ground to deny admission to the U.S. and a separate ground to deport non-citizens after a conviction. That’s a major shift from current federal immigration law, where most simple DUIs do not automatically trigger deportation.

Where the bill stands and what it says

The House-passed bill (H.R. 875 in the 119th Congress) would amend the Immigration and Nationality Act (INA) in two key ways:

• Inadmissibility (INA §212): A non-citizen would be inadmissible if they were convicted of, admit having committed, or admit committing the essential elements of a DUI/DWI (as defined by the state/tribal/federal jurisdiction), whether classified as a misdemeanor or felony.
• Deportability (INA §237): A non-citizen would be deportable upon any DUI/DWI conviction, again regardless of misdemeanor/felony label under local law.

The text explicitly includes impairment by alcohol or drugs and defers to the law of the jurisdiction for the definition of the offense.

How that differs from today’s law

Under current federal immigration law:

• A simple DUI generally is not a “crime of violence” and typically is not a “crime involving moral turpitude” (CIMT). The U.S. Supreme Court in Leocal v. Ashcroft held that a Florida DUI causing injury, which could be committed with mere negligence, did not qualify as a “crime of violence” for immigration removal purposes.
• The Board of Immigration Appeals (BIA) has said a simple DUI is not a CIMT, though certain aggravated DUI variants (for example, DUI while knowingly driving on a suspended license) can be treated as CIMTs. Multiple simple DUIs, by themselves, generally are still not considered CIMTs.
• Separately, when applying for naturalization, USCIS can treat two or more DUIs in the statutory period as evidence of lack of good moral character—a discretionary but real problem even without deportability.

The bill would change the landscape by creating standalone DUI grounds in the INA, removing the need to fit a DUI into aggravated-felony or CIMT boxes to make someone inadmissible or removable. House committee materials emphasize the intent to make DUI an explicit immigration trigger.

“Arrested” vs. “convicted”: why that distinction still matters

If you were arrested for DUI, here’s how the proposal would treat you:

• Deportability under the bill requires a conviction. An arrest alone would not make you deportable under this specific provision.
• Inadmissibility, however, could be triggered by either a conviction or an admission to the essential elements of a DUI. That means statements you make in criminal court, to law enforcement, or during immigration processing could have serious consequences even without a conviction.

Critically, “conviction” in immigration law is broader than many people expect. Even if a state court “withholds adjudication,” it can still count as a conviction under immigration law if (1) you pled guilty/no contest or a judge found you guilty, and (2) the court imposed any punishment, penalty, or restraint on liberty (like probation, classes, or fines).

Who would be most affected

If enacted, the bill’s reach is wide:

• Lawful Permanent Residents (green card holders): A single DUI conviction could make an LPR deportable, even if it’s a misdemeanor and even if it’s your first offense. You might still fight the case in immigration court and seek forms of relief, but the government would now have a clear basis to charge removability.
• Nonimmigrant visa holders and undocumented immigrants: A DUI conviction would expose you to deportation; any admission or conviction could block future admission or extensions/changes of status.
• People applying for visas or green cards (consular or adjustment): The inadmissibility ground would apply to convictions and certain admissions, potentially derailing applications. (The bill doesn’t create a specific waiver for this new ground; existing waivers are tailored to other subsections.)

The big wild card: could it apply to past DUIs?

The bill text does not include a timing limitation. That omission has sparked debate about whether past DUI convictions might trigger removability or inadmissibility if the bill becomes law. Several outlets and practitioners have flagged the risk that old DUIs could suddenly carry immigration consequences if Congress doesn’t add a temporal limit or a specific non-retroactivity clause. Keep in mind, this is still being debated, and any final statute or implementing guidance could resolve it differently.

Practical consequences right after an arrest

Even before any conviction:

• Don’t make unnecessary admissions. Because inadmissibility can be based on admitting the elements of the offense, be careful about statements to police, probation, immigration officers, or at interviews. (A valid “admission” in immigration law must meet specific standards, but the risk is real.) Talk to counsel first.
• Think twice about international travel. If you leave the U.S. while your DUI case is pending and later face questions at a consulate or port of entry, an admission could bar your return if the bill becomes law.
• Diversions and “withholds” can still count. Programs that avoid a formal judgment may still produce an immigration “conviction” if the statute’s elements are met (plea/finding plus a penalty). Structure DUI case resolutions carefully.
• Detention and bond: The bill itself doesn’t add DUI to the INA’s mandatory detention list. ICE can still lodge detainers and seek detention case-by-case, but this particular text doesn’t create a per-se mandatory-detention category. (That said, practices and priorities can shift.)

Strategy if you’re defending a DUI and your status

• Coordinate criminal and immigration counsel (“crimmigration”). Your lawyer should evaluate whether a plea to a non-DUI offense (for example, a reckless driving statute that does not require intoxication/impairment) avoids the new grounds. The House text keys removability/inadmissibility to offenses “for driving while intoxicated or impaired,” so charging language matters. Whether a “wet reckless” counts will depend on your state’s statutory elements.
• Avoid “admission” traps. In plea colloquies and written allocutions, avoid unnecessary statements that track the essential elements of a DUI. Your criminal lawyer can often craft factual bases around non-DUI elements where appropriate.
• Preserve eligibility for relief. If DHS charges you as removable, potential defenses (like cancellation of removal for LPRs, or non-LPR cancellation) depend on clean records, continuous residence, and good moral character. Even today, multiple DUIs can complicate GMC for naturalization and relief—so mitigation (treatment, ignition interlock, compliance) helps.

What hasn’t changed (yet)

Remember, as of today the bill has passed the House and is pending in the Senate Judiciary Committee. It may change, stall, or pass with different language; only a final enrolled bill signed by the President becomes law. Track the official status here; the Congress.gov page shows the bill’s current milestone and the Senate referral. Congress.gov

Bottom line

• For now: A DUI arrest does not automatically make you deportable. A simple DUI conviction still typically isn’t an aggravated felony or CIMT under existing case law, though it can hurt good-moral-character findings.
• If the bill becomes law: Any DUI/DWI could, by itself, be enough to deport a non-citizen (after conviction) and to bar admission (after conviction or certain admissions), regardless of misdemeanor/felony labels. Past DUIs could be implicated unless Congress clarifies timing.

If you or a loved one are not U.S. citizens and have been arrested for DUI, consult both a Jacksonville criminal defense lawyer and an immigration lawyer immediately. Coordinate your defense to avoid admissions to DUI elements, explore pleas to non-DUI offenses where legally appropriate, and build a mitigation record. The stakes for non-citizens may soon be dramatically higher if this bill becomes law.