Foreigners, such as Green card holders in the US, may be deported if they are convicted of a driving under the influence (DUI) charge.
The US House of Representatives just approved legislation calling for the automatic deportation of illegal immigrants convicted of DUI. According to the pending law, foreigners—such as Green card holders—convicted of a DUI, even if considered a misdemeanor, would be detained and deported.
Green card holders are legal permanent residents who enjoy lawful rights to reside and work in the US. Almost 13 million Green card holders currently live in the country, with 9 million being eligible for US citizenship.
The bill reads, "Any alien who has been convicted of a crime for driving while intoxicated or impaired, as such terms are defined in the law of the jurisdiction in which the conviction was obtained including a conviction for driving while under the influence of or impaired by alcohol or drugs, whether or not the conviction is deemed a misdemeanor or a felony under Federal, State, tribal, or local law, is deportable."
The bill covers two primary areas: keeping foreigners who have been convicted of DUI out of the country and removing foreigners who are already in the US with DUI convictions.
It also creates a new basis for removal of foreign nationals who have DUI convictions. DUI charges are not presently grounds for inadmissibility or removability, which means that some criminal aliens can escape punishment and re-offend.
The phrase "driving under the influence" encompasses all state and national impaired-driving laws, such as "driving while intoxicated" and "operating under the influence," but excludes lesser charges, like negligent driving, which do not involve proof of impairment.
Named the "Jeremy and Angel Seay and Sergeant Brandon Mendoza Protect Our Communities from DUIs Act of 2025" and sponsored by Representative Barry Moore, the bill establishes a new category of inadmissibility for aliens convicted of, or confessing to, driving under the influence of alcohol or narcotics.
The law was prompted by a 2009 tragedy: Jeremy and Angel Seay of Enterprise, Alabama, were killed June 13 when Freddie DeLeon Perez, who was in the country illegally, struck their motorcycle. Perez pleaded guilty to two charges of vehicular homicide and one charge of leaving the scene of an accident with injuries and received a 20-year prison term.
The bill was approved by the House in June and awaits review by the Senate.
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