NEGATIVE Immigration 118th Congress

H.R.6976 Protect Our Communities from DUIs Act

Makes DUI convictions grounds for deportation and inadmissibility for noncitizens (118th Congress)

Legal & Constitutional Grounding

Mandates detention based on charges, not conviction — raises 5th Amendment Due Process concerns (Zadvydas v. Davis).

Zadvydas v. Davis, 533 U.S. 678 (2001) — indefinite detention raises Due Process Clause concerns; civil immigration detention must have a reasonable purpose and termination date

5th Amendment Due Process Clause — applies to all persons within U.S. jurisdiction regardless of immigration status
Jennings v. Rodriguez, 583 U.S. 281 (2018) — statutory interpretation of mandatory detention provisions
ACLU — constitutional analysis of mandatory detention based on arrest (not conviction) violates presumption of innocence

Bill activity

Introduced Jan 11, 2024 by Barry Moore (R-AL). Passed the House Feb 1, 2024, 274-150.

Reached the House floor after the House Committee on the Judiciary reported it (H. Rept. 118-357), under a special rule from the Rules Committee (H.Res.980).

Rep. Pat Ryan (D-NY-18) is not listed among the cosponsors of this bill. Rep. Pat Ryan (D-NY-18) voted yea on the House roll call counted in grades (roll no. 31, Feb 1, 2024).

IntroducedJan 11, 2024
Passed HouseFeb 1, 2024
Passed Senate
To President
Became Law

Latest action Mar 6, 2024: Read twice and referred to the Senate Committee on the Judiciary.

Activity log

Source: Congress.gov actions

January 2024
Jan 11
Introduced in House
Jan 11
Referred to the House Committee on the Judiciary.
Jan 18
Committee Consideration and Mark-up Session HeldHouse
Jan 18
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 13 - 10.House
Jan 25
Reported (Amended) by the House Committee on the Judiciary. H. Rept. 118-357.
Jan 25
Placed on the Union Calendar, Calendar No. 292.House
Jan 29
Rules Committee Resolution H. Res. 980 Reported to House.
Jan 30
House floor day: vote on the rule (H.Res.980) (3 steps)
1. 2:07 pmOn ordering the previous question Agreed to by the Yeas and Nays: 216 - 210 (Roll no. 22).
2. 2:47 pmPassed/agreed to in House: On agreeing to the resolution Agreed to by recorded vote: 216 - 210 (Roll no. 23).
3. 2:47 pmRule H. Res. 980 passed House.
February 2024
Feb 1
House floor day: passage (5 steps)
1. 9:18 amConsidered under the provisions of rule H. Res. 980.
2. 9:18 amRule provides for consideration of H.R. 5585, H.R. 6678, H.R. 6679 and H.R. 6976. The resolution provides for consideration of H.R. 5585, H.R. 6678, H.R. 6679, and H.R. 6976 under a structured rule. Rule provides for one hour...
3. 9:20 amDEBATE - The House proceeded with one hour of debate on H.R. 6976.
4. 9:53 amThe previous question was ordered pursuant to the rule.
5. 10:34 amOn passage Passed by the Yeas and Nays: 274 - 150 (Roll no. 31). (text of amendment in the nature of a substitute: CR H369)
Feb 1
House vote: Passage of the billCounted in grades
Passed, 274-150
Member breakdown · Official House roll call 31
Feb 1
Motion to reconsider laid on the table Agreed to without objection.House
Feb 5
Received in the Senate.
March 2024
Mar 6
Read twice and referred to the Senate Committee on the Judiciary.Senate

Votes on this bill

3 votes: 3 recorded roll calls and 0 decided without a recorded vote, 0 of them on amendments. Votes counted in grades are marked.

Jan 30, 20242:07 pmHouseVote to end debate on the rule (ordering the previous question)
H.Res.980On ordering the previous question Agreed to by the Yeas and Nays: 216 - 210 (Roll no. 22).Agreed to216-210Nay

Party	Yea	Nay	Not voting
Democratic	0	210	3
Republican	216	0	3
Independent	0	0	0
Total	216	210	6

Official House roll call

Jan 30, 20242:47 pmHouseVote on the rule (H.Res.980)On agreeing to the resolution Agreed to by recorded vote: 216 - 210 (Roll no. 23).Agreed to216-210Nay

Party	Yea	Nay	Not voting
Democratic	0	210	3
Republican	216	0	3
Independent	0	0	0
Total	216	210	6

Official House roll call

Feb 1, 202410:34 amHousePassage of the billCounted in gradesOn passage Passed by the Yeas and Nays: 274 - 150 (Roll no. 31). (text of amendment in the nature of a substitute: CR H369)Passed274-150Yea

Counted in grades

Party	Yea	Nay	Not voting
Democratic	59	150	4
Republican	215	0	3
Independent	0	0	0
Total	274	150	7

Official House roll call

Amendments

1 amendment: 1 agreed to.

Agreed to (1)

H.Amdt.848Feb 1
Substitute text adopted under the rule (H.Res.980)

Official text

Pursuant to the provisions of H.Res. 980, in lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118-22 is considered adopted.

Without a recorded vote

Makes DUI convictions grounds for deportation and inadmissibility. Adding DUI as a deportable offense imposes disproportionate consequences — permanent removal from the country — for a criminal offense that carries far lesser penalties for citizens, creating a two-tier justice system based on immigration status.