People who are not United States citizens may be faced with severe consequences if they are arrested for any offense while they are present in the United States. The exact consequences vary based upon the legal status of the individual, the nature of the offense, and whether they are ultimately convicted. Depending upon an individual’s circumstances, it is possible that a DUI conviction could lead to denial of citizenship or even to deportation.
When removal proceedings of a non-citizen for conviction of a crime are initiated by a federal government agency, the process is often called criminal deportation. Sometimes, federal agencies like ICE (United States Immigration and Customs Enforcement) and ERO (Enforcement and Removal Operations) conduct nationwide efforts aimed at locating convicted criminal aliens who are subject to removal. One such operation was conducted earlier this month, resulting in the arrest of over two thousand people.
Many of the offenders who were arrested had DUI convictions. DUI convictions have harsh consequences for all drivers, but people who are not citizens should take note that ICE considers drivers who drive while intoxicated to be significant threats to public safety, especially if they are repeat offenders. In fact, aliens who have been convicted of one or more DUIs are a second level priority for removal, with the first level of priority being reserved for individuals who are threats to national security, criminal street gang members, aggravated felons, and convicted felons.
Some of the foreign nationals who were detained during the operation are not being criminally prosecuted, but they are being processed administratively for removal from the United States. Others are subject to immediate removal. A third group of foreign nationals are in ICE custody because they are awaiting hearings before an immigration judge, or because their travel arrangements for removal will be made in the near future.
If you are not a United States citizen, a DUI charge can have far reaching consequences for you that extend beyond the penalties that are imposed by the Kansas criminal justice system. It is important that you seek assistance for both your state DUI charges, as well as for the possible consequences that could affect your ability to gain citizenship and even your ability to continue to be present in the United States. Both DUI defense attorneys and immigration attorneys may be able to help you, but it is important that you act quickly.
A seasoned Kansas DUI Defense Attorney can help you to understand your rights and options at every stage of your Kansas DUI case. When you understand your rights, you will be able to make informed decisions about how you would like your Kansas DUI case to proceed. Your attorney can also build a strong defense on your behalf, in an effort to reduce or eliminate the negative consequences that are associated with a DUI conviction. To learn more about how we can give you the best defense against Kansas DUI charges, call (316) 264-1548.