Block on Trump's Asylum Ban Upheld by Supreme Court
Recently, New York City Mayor Bill de Blasio was asked about New York's status as a sanctuary city, under which it refuses to turn over undocumented immigrants to immigration officials over minor criminal offenses. De Blasio said he would define drunk driving as that kind of minor offense so long as it "doesn't lead to any other negative outcome."
While de Blasio's comments earned him the ire of Mothers Against Drunk Driving (MADD), they do raise the question of whether a DUI can be a deportable offense, and what factors would matter in that determination.
A DUI -- especially one like de Blasio described -- does not necessarily mean an automatic deportation. Instead, the U.S. Citizenship and Immigration Service (USCIS) will consider a number of factors with regard to possible penalties faced by U.S. immigrants. Deportation is generally reserved for serious crimes and aggravated felonies like battery, theft, filing a fraudulent tax return, and failure to appear in court.
Therefore, if your DUI is charged as a felony, you could run the risk of deportation. This can happen if:
Even if you don't get deported, a DUI conviction could alter your immigration status:
In some legal proceedings, like immigration or deportation proceedings, even a DUI expungement could still be considered as proof of a prior conviction.
Many factors, including whether you live in a sanctuary city, could determine whether a DUI will affect your immigration status. Contact a local DUI attorney today.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.