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EXCLUSIVE: Congressional Republicans are advocating for the closure of a loophole that prevents undocumented immigrants convicted of DUI from being automatically deported — a gap they argue has been neglected and could be taken advantage of by less strict administrations.
Senator Bill Hagerty, representing Tennessee, plans to introduce a bill this week to stop undocumented immigrants convicted of DUI from entering the U.S. and also clearly establish them as deportable if already living in the country.
The Protect Our Communities From DUIs Act aims to clarify the existing law under the Immigration and Nationality Act that already renders undocumented immigrants deportable for aggravated felonies and “crimes of moral turpitude.”
While not all DUI cases are the same, as some are considered misdemeanor offenses and others as felonies, they are all classified as crimes of moral turpitude.
Immigration agents (Reuters)
Hagerty’s bill would make any DUI conviction grounds for deportation, regardless of whether it is considered a misdemeanor or felony.
Concerns have long been raised by immigration hawks that administrations less inclined to deport undocumented immigrants might exploit loopholes or ambiguous classifications in existing laws to argue against deportation.
The bill explicitly states that “any alien” convicted of or admitting to “acts constituting the essential elements of an offense for driving while intoxicated or impaired … regardless of whether such conviction or offense is classified as a misdemeanor or felony under Federal, State, tribal, or local law” is deportable.
“During the Biden administration, our nation witnessed a rise in violent crimes committed by undocumented immigrants, with little to no accountability,” Hagerty told Fox News Digital.
“It is unacceptable for undocumented immigrants who break our laws and endanger our communities to be allowed to remain in the U.S. While President Trump is fulfilling his promises and swiftly deporting criminal undocumented immigrants, this bill would ensure that future administrations are aware that individuals who drive under the influence do not belong in our communities.”
“I am pleased to introduce this sensible legislation that would reinforce President Trump’s efforts to hold undocumented immigrants accountable and safeguard our citizens.”
In a similar vein, former President Joe Biden threatened to dismiss ICE agents who deported criminal undocumented immigrants that had not committed felonies, stating that he did not consider DUIs to be felonies.
“[ICE should] only make arrests for dealing with felonies that have been committed,” Biden said.
Discussing such legislation on the House floor in June, Representative Tom McClintock, from California, pointed out that “Republicans say ‘of course not’” to allowing a “guest in this country [to stay] who endangers Americans while driving drunk.”
“The Democrats say ‘sure’,” he added, referencing Biden’s comment.
Senators Ted Budd, representing North Carolina, Katie Britt from Alabama, Shelley Moore Capito from West Virginia, Tom Cotton from Arkansas, Deb Fischer from Nebraska, James Lankford from Oklahoma, and Mike Lee from Utah have all endorsed Hagerty’s bill.
Representative Barry Moore from Alabama has drafted companion legislation in the House.
