Oct 6, 2026, by Victoria Winterberg
Congress is considering a bill that would make a single DWI enough to deny someone a green card or deport them, even if the DWI happened years ago.
The bill is not law yet. But if you have a DWI on your record and you’re thinking about applying for an immigration benefit, now is the time to get informed and talk to an attorney. Waiting could cost you options you have today.
What the bill would do
The bill is called the Protect Our Communities from DUIs Act (H.R. 875 in the House, S. 2553 in the Senate). If it becomes law, it would change immigration law in two big ways:
- It could stop you from getting a green card or entering the U.S. Anyone who has been convicted of a DWI, or who admits to driving while intoxicated or impaired, would be “inadmissible.” That means USCIS could deny a green card application, and you could be refused entry at the border.
- It could lead to deportation. Anyone convicted of a DWI, including people who already have a green card, could be placed in deportation proceedings.
It would apply whether the DWI was a misdemeanor or a felony, whether it involved alcohol or drugs, and no matter how long ago it happened. Even an admission could count, so a DWI charge that was later dropped may not be safe.
Where the bill is now
The House of Representatives passed the bill on June 26, 2025, by a vote of 246 to 160. It then went to the Senate, where it is waiting for the Senate Judiciary Committee to act. The White House has said it supports the bill.
To become law, the bill still has to pass the Senate and be signed by the President. That could take months, or it could happen quickly. No one can predict exactly when, which is why it’s smart to act while the current rules still apply.
Why waiting could hurt you
Many people believe new laws only apply to things that happen after the law passes. In immigration law, that isn’t always true. Here is what you need to know:
- The bill doesn’t say whether it covers old DWIs. It’s silent on that question. Congress has applied new immigration penalties to old convictions before, and the government may try to do it again. Attorneys will have strong arguments against that, but there are no guarantees.
- An approved case is safer than a pending one. If your application is approved before the bill becomes law, you’re in a much stronger position than someone whose case is still waiting, or who hasn’t filed yet.
That’s why, if you have a DWI and you qualify for an immigration benefit, the best time to act is now, while the current rules still apply and before the bill can affect you.
A DWI already matters today
Even without this bill, a DWI can hurt an immigration case right now:
- Two or more DWI convictions create a rebuttable presumption that you lack “good moral character.” That can block citizenship and some forms of relief from deportation.
- USCIS can deny an application in its discretion because of a DWI, especially a recent one or one involving an accident or injury.
- A DWI arrest can lead to immigration detention if ICE learns about it.
Facing a DWI charge right now?
Talk to an immigration attorney before you plead guilty, accept a deal or talk about what happened. Under this bill, even admitting the facts could count against you, whether or not you’re convicted. Your criminal defense attorney and your immigration attorney should work together on your case.
Get a consultation before you file
Acting now doesn’t mean filing anything without advice. For some people with a DWI, especially those without legal status, filing the wrong application could lead to a denial and a Notice to Appear in immigration court. An attorney can tell you whether you qualify, how your DWI affects your case and whether now is the right time to apply.
If you have a DWI on your record, or a DWI case pending, contact Winterberg Law Firm, P.C. for a consultation.
Winterberg Law Firm, P.C.
1535 Hawkins Blvd., Suite A, El Paso, TX 79925
This article is for general information only and is not legal advice. The bill described here is not law as of the date of this article and may change before it passes. Every case is different. Reading this article does not create an attorney-client relationship.
