The Deportation Issue For DUI Charges Under The Trump Administration

One of the biggest topics raised by our current President on the campaign trail was illegal immigration. Building the wall was an integral part of the appeal to his base. Now it appears that we are edging away from the wall idea, but lowering the bar on what can get an immigrant in the country deported.

Homeland Security Secretary John Kelly, when asked on Meet the Press, had this to say about what might constitute the start of deportation for someone living in the US illegally: “someone, as an example, with multiple DUIs; even a single DUI, depending on other aspects, would get you into the system.” Kelly went on to say to Chuck Todd, host of Meet the Press, that the definition of a criminal has not been altered within the United States; however, the way in which the country deals with those criminal elements has and will continue to change. The country would not make any change to how having a DUI is seen if you are in the country with an immigrant status, but instead would change the boundaries of what would put an immigrant with a DUI charge in jeopardy of concerning deportation. When an inquiry was made as to what would now result in a deportation that would not have done so before, Kelly stated that would be an individual charged with “multiple DUIs.” This means that deportation for drunk driving could become a commonly seen situation.

Kelly also moved away from some of the strong language concerning a massive deportation effort Donald Trump used during the presidential campaign. When speaking on the thousands of new hires to occur with border patrol and ICE agents, Kelly stated that this was merely “a law enforcement force” that will continue to “do their jobs in the future as they’ve done them in the past. And that is execute and uphold the nation’s laws.”


Can I Be Deported for DUI in South Carolina

The reality is that we have laws already on the books that allow for the dui deportation process, but which have in many cases not been enforced. This new stance from the current

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administration appears to lower the criminality standard for deportation proceedings, but it in fact solidifies and strengthens what already exists. Taking from the perspective of John Keely, immigrant DUI status can result in deportation. The specifics of this new enforcement will come to light as they are implemented, but there is the question that begs asking of will this new process affect the immigrant with a DUI that has a green card or is otherwise in the country legally. The number of people in the country with various forms, such as student visas, work visas, and green cards could potentially be under the same scrutiny under this new enforcement. Many individuals that have seen minor run-ins with the law will now be facing far more drastic consequences with DUI immigration status. Immigrant DUI offenders will now be a focal point of the new administration

The planned hiring of thousands of new ICE and border patrol agents furthers the notion that we are now getting tougher on those here illegally, and their crimes. This doesn’t address the mass deportation of so many undocumented people promised in the campaign, but it does focus on a particular element of dui immigration problems and brings with it the idea of many people including illegal immigrant dui offenders being forced out of the country with militaristic force. A person may now be red flagged for misdemeanor charges that would have previously fallen through the cracks prior to the Trump administration. Immigration consequences for DUI charges will likely be far greater than they have in the past eight years.