EXCLUSIVE: Congressional Republicans are pushing to close a loophole that prevents illegal immigrants convicted of DUI from being automatically deported - a gap they say has been overlooked and could be exploited by less aggressive administrations.
Sen. Bill Hagerty, R-Tenn., will introduce a measure this week to prevent illegal immigrants convicted of DUI from entering the U.S. and also make those living here clearly deportable.
The Protect Our Communities From DUIs Act would clarify existing law under the Immigration and Nationality Act that already makes illegal immigrants deportable for aggravated felonies and "crimes of moral turpitude."
Not every DUI case is the same, as some are misdemeanor offenses and some are charged as felonies, though all are considered crimes of moral turpitude.
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Hagerty's bill would make any DUI conviction a deportable development regardless of misdemeanor or felony charges.
Immigration hawks have long been concerned that administrations less eager to deport illegal immigrants may use loopholes or vague categorizations in existing code to make the argument that they don't have to or cannot deport certain people.
The bill makes clear that "any alien" who has been convicted of or admits committing "acts constituting the essential elements of an offense for driving while intoxicated or impaired … regardless of whether such conviction or offense is classified as a misdemeanor or felony under Federal, State, tribal, or local law" is deportable."
"During the Biden administration, our nation saw a surge in violent crimes committed by illegal immigrants, and they were not held accountable," Hagerty told Fox News Digital.
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"It is unconscionable that illegal immigrants who break our laws and endanger our communities would be allowed to remain in the U.S. While President Trump is delivering on his promises and deporting criminal illegal aliens quickly and effectively, this bill would ensure that future administrations are on notice-aliens who drive drunk do not belong in our communities."
"I'm pleased to introduce this commonsense legislation that would strengthen President Trump's ability to hold illegal immigrants accountable and protect our citizens."
In that regard, former President Joe Biden threatened to fire ICE agents who deported criminal illegal immigrants who had not committed felonies - adding he didn't "count" DUIs as felonies.
"[ICE should] only arrest for the purpose of dealing with a felony that's been committed," Biden said.
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While speaking about such legislation on the House floor in June, Rep. Tom McClintock, R-Calif., said that "Republicans say 'of course not'" to allowing a "guest in this country [to stay] who endangers Americans while driving drunk."
"The Democrats say 'sure'," he added, going on to cite Biden's remark.
Sens. Ted Budd, R-N.C., Katie Britt, R-Ala., Shelley Moore Capito, R-W.V., Tom Cotton, R-Ark., Deb Fischer, R-Neb., James Lankford, R-Okla., and Mike Lee, R-Utah, have all signed onto Hagerty's legislation.
Rep. Barry Moore, R-Ala., drafted companion legislation in the House.
