Can a DUI be a Reason for Deportation Under New Immigration Policy of President’s Donald Trump ?

February 15, 2017

Can a DUI be a Reason for Deportation

In this article, DUI Defense Lawyer discusses DUI as a Reason for Deportation. Click on the links below to go directly to your topic of interest.

Jersey Vargas is a 13-year-old girl who is now fighting for her father, an undocumented immigrant. He was convicted of driving under the influence of alcohol in 2014. Her father is the only breadwinner and his deportation will bring family into poverty. In Los Angeles, there are more than 1 million of undocumented immigrants now who live in fear of deportation. Their families are very worried about such consequences.

Mr. Trump’s Deportation Plan and DUI Consequences

President Donald Trump recently said in his interview that he’s going to deport undocumented immigrants who are criminals or have criminal records. It’s been part of his election plan to make such people leave the USA. He says they will tighten measures to send off as many as 3 million illegal immigrants. Many immigration experts are not sure that things are different now. Seemingly, Mr. Trump is continuing Obama’s administration policy on deportation of people who committed crimes. Previous administration managed to deport more than 200,000 immigrants, among them – 59 percent are convicted criminals.

The problem the immigrants are facing nowadays is that they can’t get the immigration court hearing on time. Courts have a busy schedule and are failing to make timely decisions. There are not enough judges, clerks, and lawyers to help all those requesting immigration hearings. There are plenty of people who came to this country to seek asylum but they can’t get immigration hearings for years after applying. This could create a great obstacle for President Trump’s deportation plan. Mr. Trump stated he would nominate Senator Jeff Sessions as the Attorney General for the United States. Mr. Sessions is known for his active position on all immigration enforcement issues. He would probably appoint new inflexible and uncompromising immigration judges and also make changes in deportation system. These factors can complicate the court hearing process for potential immigrants.

If you are found guilty of a DUI you face two types of punishment – administrative and criminal. Administrative punishment affects your driver’s license and can get your license suspended or revoked. Criminal punishment can result in being found guilty of a crime and receive punishment through the criminal justice system, such as jail time, probation, fines, community service, etc.

Most drunk driving cases are treated as misdemeanors, which is a lower level offense level in California. Misdemeanors are crimes that can be punished up to 364 days in the county jail. If a crime carries more jail time then that, it is considered a felony. The traditional view is that less serious crimes should be punished less severely. Yet, a criminal conviction is a criminal conviction and a DUI conviction will show on your permanent record. This record could affect your future life in many ways, such as when applying for jobs, or for a license, or even getting some forms of financial aid. A DUI conviction in your background record is a potential reason for potential employers to deny employment.

DUI Conviction and Criminal Record

Some States do not view first DUI as a criminal offense, but this is not the case in California. In California, a DUI is considered a criminal offense, and not simply a traffic offense or a civil violation. DUI can be considered a minor offense but in some cases is it considered very serious.

In California DUI case stay on the driving record for 10 years, and it is part of your criminal record forever. After ten years a DUI can not be used a prior so that another DUI received after ten years will be considered a “first offense DUI”. But even after ten years, if you are applying for a job, an employer can do a background check and see the conviction. Almost all application forms have the section checking your criminal background. Often the request focuses on felonies but even misdemeanor convictions can be considered. Also, for purposes of many immigration benefits, DUI is considered a serious misdemeanor and can cause a denial of benefits and deportation.

The good news is that according to California Labor Code section 432.7, private employer or organization can ask only for the record which resulted in a conviction. Also, you may try to expunge DUI from your record, i.e. it will be removed from your criminal history. It’s possible to do under the following conditions:

  • if your served all probation terms;
  • if you did not serve time in state prison;
  • if you are not charged with any other criminal offenses at the moment.

If you meet all these requirements a DUI attorney can help you expunge your DUI case from the criminal record. This will help with employment, yet, the expungement will not delete the offense, only show that it was dismissed under PC 1203.4

Having an experienced lawyer to represent you in court increases your chances to win your the case. Statistics shows that detained immigrants chances of fighting deportation increased when they are represented by an attorney. This state spent more than $30 million to help immigrants get legal help to remain in the USA.

Can an Undocumented Immigrant with a DUI Conviction Get Support in California? 

Mr.Trump’s immigration campaign may face opposition in California. California is a state where 40 percent of residents are of Latino decent. Not only members of the public are immigrants but also there are several members of the legislature who are immigrants or children of immigrants. Democratic legislators are working on a proposal to protect undocumented immigrants and their families and to resist the current presidential policy. They plan to suggest free legal help during deportation proceedings and support at criminal court hearings. They also suggest for the state to arrange public funds to cover expenses for immigrant trials on deportation.

Some police chiefs reassured public, that they will not cooperate with the Department of Homeland Security to help people get deported. California is one of only a few states which offers great post position relief and driver’s licenses to illegal immigrants.
Los Angeles DUI Attorney

 

(818) 921 7744  We provide a free consultation to discuss your options. 

 

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9 responses to “Can a DUI be a Reason for Deportation Under New Immigration Policy of President’s Donald Trump ?”

  1. Sam says:

    Hi, I’ve a question wrt new laws. I’ve a had a DUI (0.091)almost five years ago to this March 24 in nevada. Did my court recommended fines , class all the stuff. Im on h1 visa.Got stamped in India after i got tests done as required by consulate…. Are DUI convicted like me are in consideration for deport n detainment??? Can u adcise

    Thanks

    • admin says:

      believe it is unlikely but unfortunately possible. For a non-immigration visa, the US Consulate can cancel any visitors visa (See 22 CFR 41.122). Personally, I have seen student and visitors visa revoked because of a DUI conviction but not HB1.

  2. Reddy says:

    I had my first (and last) DUI conviction 9 years back. I served all as per court order. I travelled back and forth to multiple conutries. Every time i enter i have been sent to secondary inpsection and they cleared after big wait small check. I am on green card. even though it is little bit anxious wait while entering US everytime, everything is fine and smooth.

    Now it is Trump’s era. Will I face any problem if i leave the country while entering ? I am in lot of tention planning the trip to visit my sick father who is on the bed…

    • admin says:

      You should not be facing your problems unless you are a citizen of one of the countries that Trump selected for his ban. Getting citizenship should solve all of your problems with the secondary inspection as well.

  3. Ron says:

    I have gotten my green card in april 2017. I had a dui not a felony charge in 2007. I have gotten the dui expunged in may 2017. Will i be in any trouble when i am returning to the usa .

  4. Cobus says:

    Hi I’m a South African working in North Dakota with a h2a visa I got a DUI I blow 0.152 wats going to happen with my working visa

  5. Adriana says:

    What happens to someone who got a DUI and during the background check, an order of deportation is active ?

    • Adriana, Local law enforcement agencies usually don’t enforce US immigration law. That being said, sometimes, some law enforcement agencies will notify ICE and detain you pending ICE arrival and certain deportation.

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