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Is US looking to deport Green Card, visa holders over old drink-driving cases?

FP Explainers August 26, 2025, 12:48:55 IST

‘Protect Our Communities from DUIs Act’ is a proposed law in the US, recently passed by the House, that seeks to make even a single drink-and-drive offence, no matter how long ago, a reason to deport or refuse entry to Green Card and visa holders. US-based immigration lawyer Joseph Tsang has warned that the most concerning part of the bill is that ‘there will be no hearing, no warning’

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The bill would allow deportation or refusal of entry for non-citizens with even one DUI, no matter when it took place. Pixabay/Representational Image
The bill would allow deportation or refusal of entry for non-citizens with even one DUI, no matter when it took place. Pixabay/Representational Image

A new bill in the United States could allow a single drink and drive offence, even if it happened years ago, to be used as a reason to deport or deny entry to Green Card and visa holders.

The bill, introduced by conservative Representative Barry Moore, was passed in the House of Representatives with 246 votes in favour and 160 against. It is called the Protect Our Communities from DUIs Act.

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For the bill to become law, it must now be considered by the Senate and then signed by President Donald Trump.

If approved, the law would make ‘Driving Under Influence’ (DUI) a valid reason for deportation or refusal of entry for non-citizens in the US.

But what does this bill mean? And how will it impact immigrants?

Let’s find out:

The proposed bill, explained

The legislation, supported by the White House, would allow deportation or refusal of entry for non-citizens with even one DUI, no matter when it took place.

This has caused concern among immigrant groups and could also affect Indian Green Card and visa holders.

The bill seeks to make two key changes. First, it would widen the definition of inadmissibility under US law to include any non-citizen “convicted of, admits having committed, or admits committing acts constituting the essential elements of driving while intoxicated or impaired.”

Second, it would broaden the scope of deportation to cover any non-citizen convicted of an offence linked to driving while intoxicated or impaired, regardless of how it is defined locally, Newsweek reported.

Supporters say the bill is aimed at public safety, and it has received backing from the White House Office of Management and Budget (OMB).

This has caused concern among immigrant groups and could also affect Indian Green Card and visa holders. News18/Representational Image

Meanwhile, critics, including immigration lawyers and rights groups, argue that its wording could apply to old cases and past admissions that until now had not been grounds for deportation.

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This comes at a time when Donald Trump has stepped up efforts to remove illegal immigrants from the country.

Several cases involving immigrants with no history of violence or criminal record have raised legal concerns and sparked debate on whether non-citizens who have otherwise followed US laws should be forced to leave.

Should immigrants be worried?

The bill won strong support from Republican lawmakers against the Democrats when it was passed in Congress in June. If it becomes law, ‘Driving Under Influence’ (DUI) would be a reason for deportation or inadmissibility for non-citizens in the US.

Immigration experts have warned that the bill’s wide reach, which even covers cases without convictions if someone admits to drink-driving, could sidestep due process and heavily impact legal residents.

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Bob Onder, Member of the Judiciary GOP and Transport GOP, backed the measure on X, writing, “Being present in the United States is a privilege, not a right. Illegal aliens caught driving while intoxicated ought to be deported right after they’ve been booked”.

The bill has created worry among immigrant communities, including Indian Green Card and visa holders.

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Indian students make up the largest share of international students in the US, and people of Indian origin are the biggest group receiving Green Cards each year, India Today reported.

This comes at a time when Donald Trump has stepped up efforts to remove illegal immigrants from the country. Reuters/File Photo

US-based immigration lawyer Joseph Tsang wrote on LinkedIn, “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.”

“A DUI could get Green Card holders deported. Even from 10 years ago,” Tsang added.

He also said that the most concerning part of the bill is that “there will be no hearing, no warning, no path forward.”

US law firm Landerholm Immigration also flagged a serious issue on its website.

“One of the most alarming parts of this bill is that you don’t even need a conviction to be targeted. If you’ve ever admitted to drinking and driving, that alone could make you inadmissible to the US. Even if the charges were dropped. Even if you took a plea. Even if it happened many years ago. This is an extremely broad, and harsh, standard,” it said.

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The bill is now with the Senate for consideration. It must pass further stages in the Senate and then receive the president’s approval before becoming law. At present, there is no set timeline for its passage.

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