Currently, a conviction for driving under the influence of
alcohol (DUI), or driving while intoxicated (DWI), is not an automatic ground
for inadmissibility or deportation. But,
all of that could change if the Border Security, Economic Opportunity, and
Immigration Modernization Act becomes law.
Section 3702 of the Act creates a new ground of
inadmissibility and a new ground of deportation: Habitual Drunk Drivers. A Habitual Drunk Driver is defined as a
person who has three or more DUI or DWI convictions.
One key difference between the new ground of inadmissibility
and the new ground of deportability is that in order for an alien to be
deportable, at least one of the convictions must occur after the passage of the
Act (click here for a discussion on the difference between inadmissibility anddeportability). Because this provision
is not in the section of the Act defining inadmissibility, that could lead to
the conclusion that Congress intends for this provision to be applied retroactively
for those who are present in the country illegally, or who apply for admission
in the future. That is, even though DUI
and DWI convictions do not currently render an alien inadmissible, if the Act
passes, then those aliens who are present in the country illegally and who
currently have three or more DUI or DWI convictions could find themselves in
immigration trouble.
By: William J.
Kovatch, Jr.
(703) 837-8832
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