DUI and DWI consequences on Immigration status; Executive Order of January 25, 2017

Posted by Matt McLane | Feb 02, 2017 | 0 Comments

The following are priorities for "removal" under the new Executive Order (EO) issued on January 25th, 2017: 

Any already “removable” noncitizen who:
1  Has been convicted of any crime;
2  Has been “charged with” any crime, where such charge has not been resolved;
3  Has “committed acts that constitute a chargeable criminal offense”; or
4  In the judgment of an immigration officer, those who otherwise pose[s] a risk to public
safety or national security.

The new Order means that any conviction, including DWI and DUI convictions, will expose the individual to removal proceedings.  In the past the criminal defense bar operated under the assumption that a first offense DWI conviction would not result in removal proceedings or the revocation of one's VISA or green cards.  The EO changes our strategy.  Now, all criminal charges filed against a non-citizen should be challenged by trial.  Defense counsel who agree to a plea that results in a conviction for any alcohol or drug related crime could find themselves with an ethics complaint. Granted, you can't win all your trials.  However, the days of simple plea bargaining on misdemeanor DUI cases are over for the non-citizen client.   

About the Author

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.


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McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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