The Truth About DUI and Deportation
For sure, being arrested and convicted for DUI charges is a very serious matter. As many who have experienced the many life changing aspects of DUI-from loss of driving privileges to jail or even conviction of other crimes-can attest, those who are facing a future with a possible DUI conviction should seek advice about protecting rights and presenting a defense with a DUI attorney.
However, one aspect of DUI statistics and arrests that many drivers have not considered is deportation. For immigrants to the United States, both legal and illegal, deportation for a criminal conviction is a very real possibility. Most crimes that entail deportation are violent crimes, including "aggravated felonies," but many state laws are open to interpretation when it comes to exactly what such crimes might include. In these states and situations, being convicted of a DUI might also lead to deportation.
Several recent cases demonstrate how prosecutors and law enforcement authorities have been dealing with DUI convictions for illegal immigrants and measures to change or streamline the deportation process for immigrants who are convicted of various crimes.
Suspected Illegal Immigrant Held for DUI and Death in Tennessee
Lorenzo Hernandez Santiz was arrested in conjunction with a deadly automobile accident on an interstate ramp in Nashville, Tennessee. According to police and local news reports, Santiz was speeding and driving drunk when he flipped his SUV, resulting in the death of his passenger. Police records indicate that Santiz has been arrested three times in the past year, for charges of unlawful gun possession, DUI, leaving the scene of an accident, escape, driving without a license and criminal impersonation.
Police currently believe that Santiz is an illegal immigrant from Mexico and have put an immigration hold on him, meaning that when his criminal proceedings for the current charges are either dismissed or he finishes serving his time if convicted, he will be transferred to an immigration detention center to await deportation.
Immigrant in Tulsa Arrested for Hitting Child While DUI
23-year-old Darbin Alejoz-Ramirez, an illegal immigrant from Mexico, was arrested for DUI in Oklahoma after Tulsa police say he struck a child with a car. The 5-year-old boy whom Alejoz-Ramirez strick was taken to the hospital in serious condition, but he has since improved. Alejoz-Ramirez, was arrested for driving under the influence and causing an injury collision, driving with no driver's license, having no proof of insurance and injury to a minor child. He admitted to police that he is an illegal immigrant, and so an immigration hold was placed on him.
In both of these cases, the DUI charges had added, aggravated charges coupled with them, and so law enforcement authorities made the natural choice of placing an immigration hold on the DUI offenders.
Mississippi Illegal Immigrant Held After DUI Crash
Alexander Garcia Contreras, of Oaxaca, Mexico, was arrested for DUI and other misdemeanors by Gulfport, Mississippi police after crashing his vehicle into an office building. His passengers were arrested for public drunkenness and leaving the scene of the accident. While they were being booked and before they could post bond, the police realized that all three men were illegal immigrants. They were subsequently transferred to a holding center for illegal immigrants to await trial.
Law Enforcement Agencies Crack Down on Illegal Immigrant DUI Offenders and Criminals!
Law enforcement authorities and lawmakers are also discussing legislative steps to be taken to more effectively identify and deport illegal immigrants. Several recent news stories identify many of these measures being taken both nationally and at the local level across the United States.
Oregon Taking Steps to Check Immigration Status of DUI Offenders
The killing of 15-year-old Dani Countryman has prompted Oregon law enforcement authorities to be more vigilant about reporting foreign-born DUI offenders to immigration services to run checks on their immigration status.
However, when police found out that one of the men, Alejandro Rivera Gamboa, was convicted of DUI last year and his illegal status was not noticed, they decided to follow a stricter policy of checking names of foreign-born criminals with immigration services to possibly avoid a similar situation in the future.
According to reports of how the policy has been implemented, in approximately 700 DUI cases in the month of September, 62 non-U.S. citizens were reported to immigration, and ten of those were found to be in the United States illegally and face deportation. Jails across Oregon are also cross-referencing names with immigration services more carefully.
Virginia Strikes Down Separate Prison for Illegal Immigrants
Virginia state lawmakers recently struck down a proposal that would have built a separate detention facility for illegal immigrants who are convicted of certain crimes and waiting trial or deportation. Instead, the panel voted to approve more money to expand county facilities to accommodate more prisoners, including illegal immigrants, rather than creating a completely separate facility.
Immigration officials cited the need for separate facilities because many illegal immigrants who have committed lesser crimes, such as DUI and domestic violence, are released after serving time in state prisons because officials lack the resources with which to detain them, and often never return. Opponents to the proposal suggested that the idea of a separate facility sounded too much like a "concentration camp" for these individuals.
Virginia has become known throughout the nation as a testing ground for some of the most harsh legislation dealing with immigration.
Tennessee Counties Consider Steps to Solve Immigration Dilemma
Bedford County, in Tennessee, is considering participating in a federal program that will allow easier identification and deportation of illegal immigrants. The Department of Homeland Security currently has a program passed under the Immigration and Nationality Act of 1996 that allows them to grant local law enforcement agencies full federal authority to enforce immigration laws.
One of the problems that Tennessee deputies and sheriffs cite as a problem that the program will help solve is that illegal immigrants from Mexico often have four names, according to family tradition. Willfully or not, many times of an immigrant is arrested, he or she will give or the officer will report a different name or set of names for the same person. This often results in an extra charge of criminal impersonation, even if the discrepancy was an error or misunderstanding.
However, implementing the program will require more funds in order to hire extra officers, and will also require an interpreter for non-English speakers to be hired. A federal booking takes from up to 2 to 4 hours, meaning extra jail space would be needed for holding during the process.
Know the Law and How a Criminal Conviction Can Result in Deportation!
Even a simple encounter with the law such as a traffic stop can result in deportation for illegal immigrants. For legal immigrants, aggravated crimes, which can sometimes be judged to include DUI by the court, can result in deportation as well. If you or someone you know has been convicted of DUI or another crime-or is facing criminal charges-a local immigration law attorney can be an essential tool in helping you understand your rights and protections under U.S. immigration law.
Take a moment to call us at (877) 444-1074, or fill out our free, online case evaluation form to have us connect you with a local immigration attorney.