Protect Our Communities from DUIs Act
- Sponsor
- Sen. Hagerty, Bill [R-TN]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 30, 2025
Bottom line
The bill broadens the grounds for inadmissibility and deportability to explicitly include all DUI/DWI offenses, eliminating discretion for immigration authorities.
What it actually does
This bill amends the Immigration and Nationality Act to make any alien inadmissible to the United States and deportable if they have been convicted of, or admit to committing, an offense for driving while intoxicated or impaired. This applies regardless of whether the offense is classified as a misdemeanor or felony under any level of law, removing discretion in such cases.
Proponents argue
Proponents argue that this bill enhances public safety by ensuring that individuals who have committed offenses for driving while intoxicated or impaired are not permitted to enter or remain in the United States. They contend that DUI/DWI offenses pose a significant risk to communities and that the current immigration framework should unequivocally reflect the seriousness of these crimes, regardless of their classification as misdemeanors or felonies.
Opponents contend
Opponents might argue that this bill removes necessary discretion from immigration judges and officials, potentially leading to disproportionate consequences for minor offenses, such as a single misdemeanor DUI. They may also raise concerns about the potential for increased caseloads in immigration courts and the separation of families for offenses that do not typically result in severe penalties for citizens.
The bill is very short and straightforward, allowing for a quick and complete understanding of its provisions within the time typically available for legislative review.
Section 2(a)
Inadmissibility for Driving While Intoxicated or Impaired
This provision amends Section 212(a)(2) of the Immigration and Nationality Act (INA) to add a new ground for inadmissibility. It states that any alien who has been convicted of, admits to having committed, or admits to committing acts constituting the essential elements of a driving while intoxicated or impaired offense is inadmissible. This applies regardless of whether the offense is a misdemeanor or felony under Federal, State, tribal, or local law.
Supporters argue
Supporters argue that this provision is crucial for protecting national security and public safety by preventing individuals with a history of dangerous driving offenses from entering the country. They believe it sends a clear message about the seriousness of DUI/DWI offenses.
Critics contend
Critics may contend that this provision is overly broad, potentially denying entry to individuals with minor, non-violent offenses from many years ago, without allowing for individual assessment or rehabilitation. They might argue it could lead to unfair outcomes and strain resources.
Tradeoffs
The provision balances the desire for enhanced public safety and stricter immigration enforcement against concerns about the fairness and proportionality of immigration consequences for certain offenses, and the potential for increased administrative burden.
Section 2(b)
Deportability for Driving While Intoxicated or Impaired
This provision amends Section 237(a)(2) of the Immigration and Nationality Act (INA) to establish a new ground for deportability. It specifies that any alien who has been convicted of a driving while intoxicated or impaired offense is deportable. Similar to the inadmissibility clause, this applies irrespective of whether the conviction is classified as a misdemeanor or felony under any level of law.