Chicago DUI lawyer comments on DUI and deportation

This Chicago DUI lawyer has posted here, here, and here on immigration issues and DUI's. Now comes news of a young man who is fast-tracked for deportation for a DUI arrest.

November 13, Chicago, Il

After an emotional appeal from a straight-A student facing deportation in 33 days, a City Council committee agreed Friday to champion the cause of Rigo Padilla and others caught in the switches while awaiting immigration reform.

The Human Relations Committee unanimously approved a resolution urging the U.S. Department of Homeland Security to stop deportation proceedings against Padilla and all other immigrant students who would be eligible for legal status under the so-called DREAM Act still pending before Congress.

“I’ve been here all my life. This is my home. All I have is my education. To be separated from my family, from my friends and from that education would be devastating to me,” said Padilla, a 21-year-old University of Illinois at Chicago student who dreams of becoming an attorney.

“Many students are scared and do live in fear that, if they do make a mistake or if they’re at the wrong place at the wrong time and are unlucky, this might be them. ... My struggle is their struggle,” Padilla said.

On Jan. 18, Padilla was driving home from watching a football playoff game on TV after having a few beers with friends when he was arrested for driving under the influence after being pulled over for rolling through a stop sign.

He was taken to Cook County Jail. When a public defender found out that he was an undocumented immigrant, he was reported to Immigration and Customs Enforcement (ICE).

The damage was done. Although Padilla was released with an electronic monitoring device and given court supervision for the traffic violation, he was put on the fast track to deportation. That day of reckoning is 33 days away.

“It is a mistake that I made, and I do have to face the reality. I am sorry for it. I’m just hoping and seeking support to stay in this country,” said Padilla.

Padilla came to Chicago 15 years ago from Jalisco, Mexico, with his mother and sisters to join his father, who was already here.

Human Relations Committee Chairman Helen Shiller (46th) responded: “You’re referring to a minor traffic violation as a mistake that you made. But you’re being punished for something that occurred when you were six, so I don’t think you can be responsible.”

In my opinion Rigo's case is an unusual Chicago DUI experience, many undocumented people are arrested for a litany of minor infractions and released without ever being subject to ICE. Unfortunately for Rigo, and many others like him even if he isn't deported I think he may have significantly damaged his ability to gain permanent resident status or citizenship. I'm curious to hear from immigration experts on this.