What many might not know, is that Monmouth County and all New Jersey law enforcement officials have an obligation and have been authorized to communicate with U.S. Immigration and Customs Enforcement (ICE) during certain arrests and violations. It might be obvious to most that immigration status and citizenship must be verified if an individual commits a serious or violent indictable offense in Monmouth County. But what is not immediately obvious is that an individual being pulled over and charged with driving drunk or driving while intoxicated in New Jersey can be deported as a result of the report to ICE.
In general, immigrants to the United States can be deported for a number of reasons including criminal activity, violent crimes, and marriage fraud. In 2007, now former Attorney General of New Jersey, Anne Milgram wrote and circulated "Attorney General Law Enforcement Directive No. 2007-3." In the Directive distributed to New Jersey law enforcement officials including Monmouth County, Ms. Milgram charged the State that officers should, "Necessarily and appropriately inquire about a person's immigration status under certain circumstances." One particular circumstance enumerated in the Directive is, "The arrest of undocumented immigrants for indictable offenses AND driving while intoxicated [violations]." It charges that if an arrest is made in conjunction with a DWI, the arresting officer must inquire about the immigrant's status and if appropriate must report it to ICE. This could ultimately lead to a deportation if a conviction for DWI is sustained and possibly even if it is not.
Some recent statistics have circulated via the Associated Press indicating that deportations due to DWI are significantly on the rise. In 2010, there were just about 393,000 deported individuals. Of those deported, an estimated 27,635 or 7 percent were deported due to DWI related incidents. In short, the Directive seems to have taken full effect. On it's face, the policy seems fair and just, but people are urged to keep in mind that New Jersey does not consider a DWI related offense a criminal offense as some other states do.
A conviction for a DWI, DUI, or refusal can lead to very severe penalties. For a first conviction of DWI in Monmouth County, an individual faces heavy fines and other fees, jail time, loss of their driver's license for up to 1 year, participation in an Intoxicated Driver Resource Center program, and the possible installation of an ignition interlock device. If an individual has a questionable immigration status, he or she could be facing deportation as well! Any non-citizen DWI offenders are encouraged to contact an experienced immigration attorney in addition to a Monmouth County DWI lawyer.
If you have been charged with a DWI, DUI, or Refusal in Monmouth County, contact experienced Monmouth County DWI defense attorney, Carmine R. Villani, Esq. of Villani & DeLuca, P.C. for a free initial consultation. Located in Point Pleasant Beach, Mr. Villani often appears in the municipal courts of Monmouth County. Call (732) 892-9050 today!
Source: http://www.mercurynews.com/ci_18528409?IADID=Search-www.mercurynews.com-www.mercurynews.com
