Summary

• The Jeremy and Angel Seay and Sergeant Brandon Mendoza Protect Our Communities from DUIs Act of 2025 (H.R. 875 or Seay-Mendoza Act) is a piece of proposed federal legislation introduced in the House of Representatives on January 31, 2025, by Representative Barry Moore (R-AL). The Act seeks to strengthen immigration enforcement by imposing uniform immigration penalties on non-citizens convicted of driving under the influence (DUI) or while impaired.
• It modifies the Immigration and Nationality Act (INA) to classify DUI-related convictions or admissions as grounds for both inadmissibility and deportation.
• Under Section 212(a)(2)(J), any non-citizen convicted of or admitting to a DUI offense—whether a misdemeanor or felony—is deemed inadmissible to the United States.
• The bill passed the House of Representatives on June 26, 2025, with a vote of 246–160.

Introduction

The Jeremy and Angel Seay and Sergeant Brandon Mendoza Protect Our Communities from DUIs Act of 2025 (Seay–Mendoza Act) constitutes a significant amendment to the U.S. Immigration and Nationality Act by explicitly classifying driving while intoxicated or impaired as a ground of inadmissibility and deportability. The legislation reflects congressional efforts to expand the list of offenses that can affect non-citizen immigration status, extending previous grounds to include DUI-related convictions or admissions, even if categorized as misdemeanors under state, local, tribal, or federal law. While intended to affect the public safety by enabling immigration consequences for DUI offenders, the Act also raises questions about retroactive effect, due-process safeguards, and the broadening of removability criteria for non-citizens.

Background

The INA sets out statutory categories under which aliens may be inadmissible (Sec. 212) or removable (Sec. 237). Under current law, many DUI offenses that lack aggravating circumstances (like death or injury) do not automatically make a green card applicant inadmissible. This new bill marks a significant change, as it seemingly makes even these historically “non-serious” DUI offenses an automatic bar to admission. This includes crimes involving moral turpitude, aggravated felonies, and controlled substance offenses. The new Act adds a new ground under each section (J for inadmissibility and G for deportability).

Under the bill, the terms “driving while intoxicated” or “impaired” are defined according to the law of the jurisdiction in which the offense, conviction, or act occurred and include offenses involving alcohol or drugs. The classification applies “without regard to whether the conviction or offense is classified as a misdemeanor or felony under Federal, State, tribal, or local law.”

New grounds added regardless of classification

The Act specifies that any conviction or admission involving driving while intoxicated or impaired triggers the new grounds “without regard to whether the conviction or offense is classified as a misdemeanor or felony.” This widens the scope substantially beyond traditional aggravated-felony or moral-turpitude thresholds.

Both non-admission and removal are covered

By amending both Sections 212 and 237 of the INA, the legislation creates dual pathways, allowing aliens seeking admission or adjustment to be barred. At the same time, those who have already been admitted may be subject to removal.

Broad Jurisdictional Application

Because the statute relies on the jurisdiction where the offense occurred, DUI convictions under any state, local, tribal, or federal law may trigger the new grounds. This raises complexity for foreign nationals with convictions from multiple jurisdictions.

Potential retroactivity and record implications

Though the text does not explicitly state a retroactive date, comments from oversight and immigration legal-analysis forums suggest that past convictions could now carry immigration consequences.

Due-process and administrative burdens

Opponents raise concerns about due-process protections, the broad discretion accorded immigration authorities, and the burden on non-citizens to assess whether past conduct may trigger inadmissibility or removal.

The Seay–Mendoza Act significantly expands the grounds under U.S. immigration law for addressing non-citizens with DUI convictions or admissions. By integrating driving while intoxicated or impaired into both inadmissibility and deportability statutes, the legislation aims to tighten immigration enforcement. For affected individuals, the legislation means that DUI history, regardless of the charge’s severity or classification, may soon carry immediate immigration consequences.

Sources:

https://www.congress.gov/bill/119th-congress/house-bill/875/text