At present, ‘Driving under influence’ (DUI) offences, especially if they are low-level, do not automatically lead to deportation from or inadmissibility into the US, however a bill that has been passed by the House in end-July and is garnering support at the Senate level could change the scenario. Understandably, it is causing jitters among the immigrant community - including the Indian diaspora.
Joseph Tsang, immigration attorney, posted 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.”
The Office of Management and Budget (attached to the White House) has officially expressed its backing of this bill - H.R. 875 or the Protect Our Communities from DUIs Act.It has been referred to the Senate Judiciary Committee and according to immigration experts, support for this bill in its current form, is growing.
Tsang strongly agrees that DUI is serious as it takes lives, it causes pain... “The intent is to make our communities safer and that is a goal we all share,” but he adds, “The core issue here is proportionality and process. This bill skips context. It skips rehabilitation. It skips due process.”
A single low-level DUI from a decade ago, where no one was hurt could abruptly end an immigrant’s American dream. He illustrates: A green card holder who has a DUI from years ago on his record takes a short trip overseas. The bill is passed while he is not in the US. When the individual tries to return, he is inadmissible and cannot enter US. There is no hearing, no warning, no path forward.
Landerholm Immigration, a law firm, in its alert states, “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 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,” adds the alert.
Immigration attorneys are strongly urging those holding a green card and eligible for citizenship to begin the process immediately. They are also cautioning individuals who have a DUI on their record to approach attorneys and build up a strong defence.
Stay informed with the latest business news, updates on bank holidays, public holidays, current gold rate and silver price.
Lubna Kably is a senior editor, who focuses on various policies a...
Read MoreLubna Kably is a senior editor, who focuses on various policies and legislation. In particular, she writes extensively on immigration and tax policies. The Indian diaspora is the largest in the world; through her articles she demystifies the immigration-policy related developments in select countries for outbound students, job aspirants and employees. She also analyses the impact of Income-tax and GST related developments for individuals and business entities.
Read Less