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Drunk drivers cannot be deported: court

J M Shenoy

Immigration authorities will soon review a decision of a New Orleans court prohibiting the deportation of immigrants who are chronic drunken drivers.

The ruling, if upheld by the Immigration and Naturalization Service, could affect thousands of immigrants across the country.

Legislation passed in 1996 includes drunken driving in the definition of a violent act.

Like other criminals, problem drivers serve at least a good part of their sentence before being deported to their home country. The fifth US circuit court of appeals in New Orleans, while hearing an appeal for a group of Mexicans, declared last week that driving intoxicated cannot be considered a "crime of violence".

The ruling drew the wrath of such organizations as Mothers Against Drunken Driving. Several politicians, particularly those who are asking for a reduction in the number of immigrants, also protested against the ruling.

Among them is Congressman Lamar Smith (R-Texas), a strong backer of legislation to deport criminal foreigners. In Texas, the campaign against drunken drivers was called The Last Call.

The definition of a chronic drunk driver varies from state to state. In Texas, it is the fourth arrest that leads to a driver being put on the felony/violent crime list.

Speaking "on behalf of citizens... injured or killed by drunk drivers", Smith said the court should have recognized that chronic drunken driving is a crime of violence.

The court rejected an earlier ruling that declared drunken driving a crime of violence because of the big risk of accidents.

But the new ruling said drunken drivers do not deliberately set out to cause accidents.

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