Already a subscriber? Make sure to log into your account before viewing this content. You can access your account by hitting the “login” button on the top right corner. Still unable to see the content after signing in? Make sure your card on file is up-to-date.

The House recently passed a bill that seeks to address inconsistencies between state and federal laws regarding DUI convictions in immigration cases. This legislation aims to standardize the treatment of DUI offenses by making all misdemeanor DUI convictions a basis for deportation and ineligibility for residency status adjustment.

Majority Leader Steve Scalise highlighted the intent behind the bill, stating, “With the seriousness of the crime and the potential deadly consequences, you would think that if an illegal immigrant was caught driving under the influence, they would be deported and barred from reentering the country – unfortunately, however, that is not always the case.”

The bill’s introduction follows criticism from the GOP towards the Biden administration’s deportation priorities, which they argue insufficiently address DUI offenses despite not limiting the deportation of individuals with such convictions.

The guidance provided to immigration officers under the current administration emphasizes targeting individuals who pose a public safety, national security, or border security threat. Homeland Security Secretary Alejandro Mayorkas explained, “The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them. We will use our discretion and focus our enforcement resources in a more targeted way,” suggesting a nuanced approach that considers the severity of crimes, evidence of rehabilitation, and the time elapsed since the offense.