U.S. Supreme Court Rules on DUI / Deportation Issue

U.S. Supreme Court Rules on DUI / Deportation Issue
November 12, 2004
Firstly, contrary to the impression the general public might have been given based on recent media coverage of a recent Supreme Court decision, a conviction for driving under the influence of alcohol has not, to this point, been automatically leading to the deportation of non-U.S. citizens. However, pursuant to an overly harsh set of laws enacted in 1996 creating expanded classifications of “deportable” offenses, many non-citizens residing across the U.S. who have been convicted of a felony DUI found themselves in removal (formerly known as deportation) proceedings and without the possibility of a defense. In the past week, however, the U.S. Supreme Court has spoken on the issue, and in essence, ruled that non-citizens with felony DUI’s might not be “deportable.” Instead, at the very least, such non-citizens will have an opportunity to present a defense in removal proceedings and allow mitigating factors, such as an long term ties to the U.S., family hardship, rehabilitation and overall character to be taken into account before any removal order is issued.