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H.R.6976 Protect Our Communities from DUIs Act
Makes DUI convictions grounds for deportation and inadmissibility for noncitizens (118th Congress)
View on Congress.govLegal & 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
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.