A bill passed by the US House of Representatives in late July and now moving through the Senate could make driving under the influence (DUI) a ground for deportation or inadmissibility for non-citizens. This has raised concern among immigrant communities, including the large Indian diaspora.
At present, low-level DUI offences do not automatically lead to deportation or entry denial. But the proposed legislation, H.R. 875 or the Protect Our Communities from DUIs Act, seeks to change that. The White House Office of Management and Budget has extended its support, and the bill has been referred to the Senate Judiciary Committee. Immigration experts note that the measure is gaining momentum.
Joseph Tsang, an immigration attorney, wrote on a social media platform, “A DUI could get green card holders deported, even from ten years ago! If it becomes law, anyone who is not a US citizen –– be they green card holders, international students or H-1B workers could become inadmissible and deportable for having a DUI on record.”
Tsang said DUI is a serious issue that causes loss of lives and pain. He added, “The intent is to make our communities safer and that is a goal we all share. The core issue here is proportionality and process. This bill skips context. It skips rehabilitation. It skips due process.”
Speaking to TOI's Lubna Kably, immigration attorneys warn that the bill’s reach could be extensive. For instance, a green card holder with a past DUI might be denied re-entry to the US after an overseas trip if the law is enacted during their absence.
Landerholm Immigration, a law firm, noted in its alert, “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.”
The alert added, “The bill turns nearly every DUI case (even a single offense) into a serious immigration issue –– be it for green card holders, for undocumented immigrants, for those applying for a visa or adjustment of status, those returning from travel abroad.”
Attorneys are advising green card holders who are eligible for citizenship to apply without delay. They also recommend that individuals with a DUI record seek legal advice and prepare a defence.
At present, low-level DUI offences do not automatically lead to deportation or entry denial. But the proposed legislation, H.R. 875 or the Protect Our Communities from DUIs Act, seeks to change that. The White House Office of Management and Budget has extended its support, and the bill has been referred to the Senate Judiciary Committee. Immigration experts note that the measure is gaining momentum.
Joseph Tsang, an immigration attorney, wrote on a social media platform, “A DUI could get green card holders deported, even from ten years ago! If it becomes law, anyone who is not a US citizen –– be they green card holders, international students or H-1B workers could become inadmissible and deportable for having a DUI on record.”
Tsang said DUI is a serious issue that causes loss of lives and pain. He added, “The intent is to make our communities safer and that is a goal we all share. The core issue here is proportionality and process. This bill skips context. It skips rehabilitation. It skips due process.”
Speaking to TOI's Lubna Kably, immigration attorneys warn that the bill’s reach could be extensive. For instance, a green card holder with a past DUI might be denied re-entry to the US after an overseas trip if the law is enacted during their absence.
Landerholm Immigration, a law firm, noted in its alert, “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.”
The alert added, “The bill turns nearly every DUI case (even a single offense) into a serious immigration issue –– be it for green card holders, for undocumented immigrants, for those applying for a visa or adjustment of status, those returning from travel abroad.”
Attorneys are advising green card holders who are eligible for citizenship to apply without delay. They also recommend that individuals with a DUI record seek legal advice and prepare a defence.
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