Bill H.R. 875, introduced in this 119th Congress (2025-2026), will be of special interest to non-citizens now in the United States and their DUI lawyers. The official title of the bill as it now stands is, “To amend the Immigration and Nationality Act to provide that aliens who have been convicted of or who have committed an offense for driving while intoxicated or impaired are inadmissible and deportable.” Doesn’t exactly roll of the tongue, but at least it tells a person what the bill should be about. However, the text of the bill is not yet available on congress.gov.
The bill was introduced January 31 by Republican House Representative Barry Moore of Alabama’s 1st Congressional District which includes Mobile, and was sent to the House Judiciary Committee that day. The bill now has 20 co-sponsors, all Republican, with five from the border state of Texas. Of the more well-know co-sponsors are Paul Gosar of Arizona’s 9th District, Nancy Mace of South Carolina’s 1st District, and Darrell Issa of California’s 48th District. None yet are from Georgia where I practice.
As a defense attorney, I will be watching to see if the bill’s text will make deportable non-citizens who were arrested based on an alleged DUI but then had their charges reduced, or only those actually convicted of a DUI either by plea or trial.
Just a few of the other questions I’m interested in:
What if the person has no DUI convictions, but multiple arrests that began as DUIs? Will there be any grace for those who had DUI convictions before the proposed law goes into effect? If so, would it be anytime before, or only for convictions before a certain time period – say 10 years?
Depending on the final text of the law, there will be tremendous pressure on DUI defense lawyers to either push for negotiated reductions, or fight motions to exclude evidence, and go to trial. Just the possibility already has me thinking about what I need to do for certain clients. And while few bills move quickly through the process of becoming a law, let alone even getting as far as the Oval Office for the President’s signature, given the present political make-up and mood of the nation and in DC, I am of the opinion this is one that could become a law – and soon.
