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Can you be deported for a traffic violation?

On Behalf of | Jul 18, 2024 | IMMIGRATION & NATURALIZATION - Criminal Defense

The majority of immigrants try to live within the confines of the law. They have come to the United States to make a better life and don’t want to jeopardize their immigration status.

Still, almost everyone has violated a traffic law at some point, whether it’s speeding, failing to obey a stop sign or having a tail light out. For most of us, it’s a matter of paying a fine and moving on with life. Immigrants don’t have the luxury of such a carefree attitude.

Reasons for deportation 

The good news is that an immigrant is unlikely to be deported for a traffic violation. Most are considered misdemeanors and usually don’t affect an individual’s immigration status. However, more serious traffic-related offenses can have severe consequences, including deportation, such as:

  • Driving under the influence, which can be considered a crime involving moral turpitude
  • Hit and run, especially if it involves injury or fatality
  • Reckless driving leading to endangerment of life or property
  • Repeated offenses of driving without a license

 

There is also the consideration of immigration status. For those in the country without the necessary legal paperwork, any interaction with law enforcement, including traffic violations, could trigger deportation proceedings.

Non-immigrant visa holders, such as students or workers, may face deportation for serious traffic offenses, particularly if they involve criminal behavior. Even green card holders are not immune. If the violation is classified as an aggravated felony or a crime of moral turpitude, it can lead to a deportation hearing.

Still, no matter how trivial the traffic violation is, any immigrant who is charged should discuss their case with someone who can help them navigate the complexities of the legal system. It offers the best opportunity to mitigate any potential negative impacts on their immigration status.