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.