Technical corrections only. The legislative text of H.R. 875 remains identical between v3 and v4, with no substantive policy changes. The updates reflect the bill's procedural progression, noting its referral to the Senate Committee on the Judiciary and the inclusion of the Clerk's name in the attestation.
Jeremy and Angel Seay and Sergeant Brandon Mendoza Protect Our Communities from DUIs Act of 2025
- Sponsor
- Rep. Moore, Barry [R-AL-1]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 27, 2025
Bottom line
H.R. 875 expands the categories of aliens who can be denied entry to or deported from the U.S. by including all DUI/DWI offenses as grounds for inadmissibility and deportability.
What it actually does
This bill amends the Immigration and Nationality Act (INA) to make any alien who has been convicted of, or admits to committing, an offense for driving while intoxicated or impaired (DWI/DUI) inadmissible to the United States. It also makes any alien who has been convicted of such an offense deportable. These provisions apply regardless of whether the offense is classified as a misdemeanor or felony under federal, state, tribal, or local law, and include offenses involving alcohol or drugs.
Proponents argue
Proponents argue that this bill enhances public safety by preventing individuals with a history of dangerous driving offenses from entering or remaining in the country. They emphasize that DUI/DWI offenses pose a significant threat to communities, as highlighted by the bill's dedication to victims, and that such offenses should be treated seriously within immigration law, regardless of their classification in criminal courts.
Opponents contend
Opponents contend that this bill could lead to disproportionate consequences for minor offenses, potentially resulting in the deportation of long-term residents with families in the U.S. for a single, non-violent misdemeanor. They may also raise concerns about the broad definition of 'driving while intoxicated or impaired' relying on varied local laws, and the potential for increased caseloads and costs for immigration courts and detention facilities.
The bill is very short and clear, making it highly accessible for a reader to understand its core changes within a few minutes.
Section 2(a), amending INA Section 212(a)(2)
New Ground for Inadmissibility for DUI/DWI Offenses
This provision adds a new category to the list of reasons an alien can be deemed inadmissible to the United States. Specifically, it states that any alien who has been convicted of, admits to having committed, or admits to committing acts that constitute the essential elements of a driving while intoxicated or impaired (DWI/DUI) offense is inadmissible. This applies regardless of whether the offense is a misdemeanor or felony and includes impairment by alcohol or drugs, as defined by the jurisdiction where the offense occurred.
Supporters argue
Supporters argue this provision is crucial for public safety, preventing individuals with a demonstrated disregard for traffic laws and public welfare from entering the country. They assert that even a single DUI/DWI can have severe consequences and should be a disqualifying factor for entry.
Critics contend
Critics may argue that making all DUI/DWI offenses a ground for inadmissibility, regardless of severity or time elapsed, is overly broad and could impact individuals who pose no ongoing threat. They might also highlight the potential for inconsistent application due to varying state and local definitions of DUI/DWI.
Tradeoffs
The provision balances the desire for enhanced public safety and stricter immigration enforcement against concerns about proportionality and the potential for denying entry to individuals whose offenses may be considered minor or occurred many years ago.
Section 2(b), amending INA Section 237(a)(2)
New Ground for Deportability for DUI/DWI Offenses
This provision establishes a new basis for deporting aliens already residing in the United States. It specifies that any alien who has been convicted of a driving while intoxicated or impaired (DWI/DUI) offense is deportable. Similar to the inadmissibility ground, this applies irrespective of whether the conviction is classified as a misdemeanor or felony under federal, state, tribal, or local law, and includes offenses involving alcohol or drugs as defined by the jurisdiction of conviction.
The bill defines 'driving while intoxicated or impaired' by referring to 'the law of the jurisdiction where the conviction, offense, or acts constituting the essential elements of the offense occurred.'
Section 2(a) and 2(b)
Why it matters:This is a standard legislative drafting practice to incorporate existing legal definitions by reference, avoiding the need to create a new, potentially conflicting federal definition.
Case for: Supporters would argue this approach ensures that the federal immigration consequences align with how these offenses are locally defined and prosecuted, respecting the diversity of state, tribal, and local laws. It avoids the creation of a complex, uniform federal definition that might not capture the nuances of local enforcement.
Case against: Critics might argue that relying on varied local definitions could lead to inconsistent application of federal immigration law. An alien convicted of a specific act in one jurisdiction might be deportable, while an alien committing the exact same act in another jurisdiction with a different legal definition might not be, creating disparities and potential for confusion in immigration proceedings.
Estimated impact: This definitional approach will likely result in a broad and potentially inconsistent application of the new inadmissibility and deportability grounds across different jurisdictions, affecting a significant number of individuals due to the prevalence of DUI/DWI laws.