IMPORTANT INFORMATION REGARDING COVID-19 / INFORMACION IMPORTANTE SOBRE COVID-19 HERE/AQUI

Gita B Kapur
Law Pay

Get immediate help with your immigration issue.
Call 213-784-6598 to arrange a time to talk

Gita B Kapur

Get immediate help with your immigration issue.
Call 213-784-6598 to arrange a time to talk

Can you be deported for a DUI?

Can you be deported for a DUI?

On Behalf of | Jan 17, 2022 | Immigration

There are many reasons that those who are attempting to immigrate to the United States can be deported. Often, the news focuses on deportation stories surrounding those who are undocumented. But even those who have followed the proper channels can still be deported in some cases.

For instance, perhaps you entered the country a year ago in order to seek work. You have a visa, and there’s no problem with your paperwork. But then you get a DUI while you’re driving home from dinner one night. Is that violation of California’s traffic laws going to be enough to get you deported?

A complicated legal legacy

This is a more complicated issue than many people realize, and there have been deportations over DUIs in the past.

However, a recent case has shed light on the way things have changed. Court rulings have typically held that crimes of violence and more serious allegations are what lead to deportations. A DUI is still considered a form of negligence, and the courts have ruled that this means it is not a crime of violence. This suggests that people should not be deported on these grounds.

However, one man was deported back in the late 1990s over a DUI. He had a family in the United States, so he came back unlawfully and was later deported. He tried to appeal this on the grounds that his initial deportation had been illegal anyway, but the court ruled against him. It is worth noting that he was deported for the DUI prior to court rulings in the 2000s saying that it was not a crime of violence.

This case shows just how complex things can be and how the laws are always changing and shifting in important ways. This is why it’s important for all immigrants to be well aware of current laws and their rights.