If you’re a noncitizen in the U.S., a simple DUI could soon have life-changing consequences — and not in a good way. A new bill, HR 875, just passed the U.S. House of Representatives with bipartisan support, and it’s now headed to the Senate. If signed into law, it would make even a first-time DUI a deportable offense for noncitizens.

Yes, you read that right.

What Is HR 875?

HR 875 is a proposed federal law that would expand the list of offenses that make a noncitizen deportable. Currently, many DUIs — especially misdemeanors — don’t automatically trigger removal proceedings unless they involve factors like serious injury, repeat offenses, or drugs.

But HR 875 changes that.

If the bill becomes law, any DUI conviction, even one that’s relatively minor and non-violent, could result in deportation for individuals who are not U.S. citizens, including green card holders, visa holders, asylum seekers, and undocumented immigrants.

Why This Matters for Noncitizens with DUI Charges

For years, defense attorneys have treated first-time DUI cases as serious, but manageable. That may no longer be the case if HR 875 becomes law. Under this bill, pleading guilty to a DUI could mean:

• Detention by ICE
• Loss of immigration status
• Ineligibility for green cards or naturalization
• Removal from the U.S., even without prior criminal history

And these outcomes could apply to any noncitizen, not just those here without legal status.

What Should You Do If You’re a Noncitizen Charged with a DUI?

If you’re a noncitizen facing a DUI, now is the time to take your case seriously. HR 875 hasn’t become law yet — but it’s moving quickly, and the Senate may pass it soon.

Here’s what you should do now:

1. Talk to a Criminal Defense Attorney about your DUI Immediately

Don’t plead guilty or accept a deal without speaking to a lawyer who understands both DUI law and its immigration consequences.

2. Resolve Your Case Quickly — If Strategic

There’s a small chance HR 875 won’t apply retroactively. If your case is resolved before the law goes into effect, your attorney may be able to argue that you shouldn’t be penalized under the new rules.

3. Avoid a DUI Conviction if Possible

Ask your attorney about alternative pleas like wet reckless (Vehicle Code 23103.5) that may carry fewer immigration consequences.

4. Coordinate with an Immigration Lawyer

DUI cases for noncitizens are now immigration cases, too. You need both sides of your legal defense working together.

If HR 875 Becomes Law, What Happens Next?

If HR 875 passes the Senate and is signed into law, it will apply nationwide. That means any noncitizen convicted of a DUI — even in states with more lenient policies — could be subject to mandatory removal proceedings.

This is a major shift in immigration law and criminal defense strategy, especially in areas like California where DUIs are common and often resolved with probation or diversion.

We’re Monitoring HR 875 Closely — And You Should Be Too

At Inland Empire Criminal Defense, we’re already working with clients whose cases may be impacted by HR 875. If you or someone you know is a noncitizen facing DUI charges, now is the time to get legal advice — before the law changes the stakes. Call our Ontario, CA based trusted law firm at 909-281-0391 for a free consultation.