Jeremy and Angel Seay and Sergeant Brandon Mendoza Protect Our Communities from DUIs Act of 2025
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Would make driving while intoxicated or impaired a basis for barring a non-U.S. national from entering the United States or for deporting them, regardless of whether the offense was classified as a misdemeanor or felony.
The bill would apply to a single DUI or DWI conviction — or, for the inadmissibility bar, even an admission of the underlying acts — and would cover offenses defined under any federal, state, tribal, or local law.
What this bill would do
What it would do
The bill would amend the Immigration and Nationality Act to add driving while intoxicated or impaired as a specific ground for inadmissibility and deportability. Under the inadmissibility provision, a non-U.S. national who has been convicted of, or who admits to having committed, a DUI or DWI offense would be barred from entering the United States. Under the deportability provision, a non-U.S. national already in the country who has been convicted of such an offense could be removed. Both provisions apply without regard to whether the offense is classified as a misdemeanor or felony and cover offenses defined under federal, state, tribal, or local law, including impairment by alcohol or drugs.
The bill does not create any waiver mechanism or exception for first-time or minor offenses. The definition of the offense is drawn from the law of the jurisdiction where the conviction or act occurred, meaning that what qualifies will vary somewhat across states and localities.
Key provisions
- 1Would bar any non-U.S. national convicted of, or admitting to, a DUI or DWI offense from being admitted into the United States, regardless of misdemeanor or felony classification.
- 2Would make any non-U.S. national convicted of a DUI or DWI offense deportable, regardless of whether the conviction is classified as a misdemeanor or felony.
- 3Would define DUI and DWI by reference to the law of the jurisdiction where the conviction or offense occurred, covering impairment by alcohol or drugs.
Who would be affected
Non-U.S. nationals — including visa holders, lawful permanent residents, and undocumented individuals — who are convicted of or admit to a DUI or DWI offense under any federal, state, tribal, or local law. Foreign nationals seeking admission at a port of entry with such a conviction or admission would also be barred entry.
Why it matters
A single DUI or DWI conviction — even a misdemeanor — could trigger deportation proceedings or a permanent bar to admission for a non-U.S. national. Because the offense definition follows each jurisdiction's own law, the practical reach of the bill would vary across states, which define DUI and DWI differently.
What would change
Changes to existing law
Amends Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2) (Sec. 2(a))
Adds DUI/DWI conviction or admission as a new ground of inadmissibility for non-U.S. nationals.
Amends Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2) (Sec. 2(b))
Adds DUI/DWI conviction as a new ground of deportability for non-U.S. nationals.
Agencies directed to act
How implementation would work
The bill is largely self-executing through the existing immigration enforcement system. Customs and Border Protection officers would apply the new inadmissibility ground at ports of entry and during visa adjudication. Immigration and Customs Enforcement and immigration courts would apply the deportability ground to individuals already in the United States. No new agency rulemaking is required beyond applying the statutory text; however, agencies would need guidance on how to verify offenses defined under varying state, tribal, and local laws.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Official CRS summary
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This bill makes driving while intoxicated or impaired a ground for (1) barring a non-U.S. national (alien under federal law) from admission into the United States, or (2) deporting the individual.
The bar to admission shall apply to an individual who has been convicted of the offense or has admitted to having committed the acts which constitute the elements of the offense. As a ground for deportability, the individual must have been convicted of the offense.
Legislative subjects
Alcoholic beverages; Drug, alcohol, tobacco use; Immigration; Immigration status and procedures
Committee report
H. Rept. 119-30