Duncan | Kent, PLLC

Comprehensive Legal Representation in Mississippi

Call Our Office Today

OFFICE LOCATION

Illegal deportation is not a valid re-entry defense

On Behalf of | Aug 6, 2021 | Deportation Defense

The United States Supreme Court ruled unanimously in May 2021 that immigrants who have been deported from the country due to charges that are no longer valid cannot use such a situation as a defense to charges of illegal entry. People who have re-entered the country and are now living in Mississippi may find that they have a more difficult time when attempting to change their status from illegal to legal.

DUIs are not grounds for deportation

In 2004, the Supreme Court ruled that crimes like DUIs aren’t grounds for deportation as they don’t involve violent conduct, but only involve accidental or negligent conduct. The case that the Supreme Court ruled on earlier this year involved a Mexican immigrant who was convicted of DUI and deported in 1998. California authorities found the man living illegally in the United States in 2017. Instead of acquiescing once again to deportation, the immigrant mounted a deportation defense arguing that his original deportati9on was invalid because of the 2004 Supreme Court ruling. However, the last ruling indicates that unlawful deportation is not grounds for allowing an unlawful re-entry.

How can I overcome unlawful deportation?

The US. immigration system is complex, with laws and procedures that can be difficult to understand or follow. If you believe that you or a family member have been unlawfully deported, the best course of action is to mount an immigration defense as soon as possible instead of attempting to re-enter the country illegally.

The best defense in fighting illegal deportation is to mount an offense that stays fully legal. In some cases, this means that the person in question must remain outside of the United States while lawyers, family members, and others who have the individual’s best interests in mind work on their behalf.