How Traffic Offenses Cause Immigration Issues
Table of Content
- If You’re an Immigrant with a Recent Traffic Arrest, Get an Attorney
- Can Traffic Tickets Hurt My Immigration Status?
- Can I Be Deported Over a Traffic Offense?
- Speak to a Criminal Immigration Attorney
One of the hardest things about being an immigrant is feeling vulnerable. You can get a place to stay, find a job, have all your documents in order — and still worry about what might happen if you get pulled over for a traffic violation. In this article, we discuss how traffic offenses cause immigration issues.
Bottom Line
Most traffic citations won’t impact your ability to stay in the United States or apply for citizenship. However, some serious traffic offenses can, and you need to know what to do if you’re ever charged with one.
If You’re an Immigrant with a Recent Traffic Arrest, Get an Attorney
If you’ve had any interaction with police that involved handcuffs and being fingerprinted, then you’ve got a problem, especially if you’re an immigrant. A regular public defender might not consider the damage a guilty plea could do to the life you’re trying to build as an immigrant in the United States. That’s why you need an immigration attorney who also understands criminal defense. We can help you through this. Call (866) 971-1640 for your case assessment. Si gustarÍa hablar con nosotros en español, por favorllámenos al 720-359-2442.
Can Traffic Tickets Hurt My Immigration Status?
Traffic tickets can hurt your immigration status. But in most situations, they don’t have to.
Many traffic citations are considered minor and can be satisfied by paying your fine on time, which is before the scheduled court date on the ticket.
However, each citation will stay on your record for seven years in Colorado. It will be important to understand this when applying for citizenship or a green card renewal.
If you’ve recently been cited for speeding, failing to stop, or any minor infraction, pay your fine and move on. A citation won’t suddenly turn into a criminal offense the next time you apply for naturalization or immigration benefits. However, a pattern of repeated traffic offenses, even if they are minor, could lead to your license getting suspended.
Serious Offenses Can Cause Immigration Issues
Not all traffic violations are minor. Several are at least misdemeanor crimes and will hinder you from renewing your visa or green card, or applying for naturalization. These include:
- driving under the influence
- hit and run
- reckless driving that results in injury or property damage
- any other violation with the potential to injure or harm someone else
Getting charged with any of the above doesn’t just put you at the mercy of the criminal justice system. It could flag the attention of immigration officials, such as ICE (Immigration and Cultural Enforcement), doubling the amount of trouble you’re in.
Even if you are able to resolve the criminal matter without going to jail, the serious violation becomes part of your record and could hinder future attempts to apply for citizenship with your N-400 or renew immigration benefits.
Which Tickets Do I Have to Report on My N-400?
When applying for citizenship, report all moving violations, no matter how minor they are.
When the USCIS runs a background scan of your record, it’s not necessarily looking for traffic tickets. It’s checking for past criminal conduct and other serious violations. These could include misdemeanor traffic crimes like driving under the influence, driving on a suspended license, or reckless driving.
However, if you have been ticketed for minor violations like speeding or making an improper lane change and failed to list it on your N-400, that could appear dishonest.
The Standard of Good Moral Character
Failing to list even minor traffic citations will count as giving false testimony under oath, violating the ‘Good Moral Character’ clause of the Code of Federal Regulations, which states:
An applicant for naturalization bears the burden of demonstrating that, during the statutorily prescribed period (5 years) , he or she has been and continues to be a person of good moral character. This includes the period between the examination and the administration of the oath of allegiance. 8 CFR § 316.10
Answering Question No. 16
The application form for naturalization, N-400, has a Good Moral Character section on it. Question No. 16 specifically asks: “Have you ever been arrested, cited, or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?”
That’s where to answer ‘yes’ if you have had any traffic violations in the U.S.
Automatic and Discretionary Disqualifications
Many serious crimes, such as murder or drug trafficking, can automatically disqualify your citizenship or green card application. Certain other crimes are left to the discretion of the USCIS officer reviewing your file.
For example, a crime such as driving under the influence can get you labeled as a ‘habitual drunkard,’ which is grounds for denial under the standard of good moral character.
What About Parking Tickets?
There is no need to list parking tickets on your N-400 or any application for immigration benefits since these are not moving violations.
Can I Be Deported Over a Traffic Offense?
No immigrant with a valid visa or lawful resident status (green card) can be deported over a traffic offense unless it’s attended by a more serious crime, and the immigrant is convicted. Even then, the possibility of deportation depends on the severity of the crime, the immigrant’s prior history, and the circumstances of their case.
But even when convictions and guilty pleas for such offenses do not lead to deportation, they can weigh heavily against you when applying for benefits or filing your N-400 for naturalization.
They can even come back to haunt you years later, especially if you leave the United States and try to re-enter with serious crimes on your record.
What if I am Undocumented?
Law enforcement’s attitude toward residents who hold no legal status varies from state to state and tends to shift one way or the other with prevailing political winds.
Across the U.S., undocumented immigrants have been deported after being stopped for traffic offenses. Bloomberg News reported that in 2019 alone, 20,000 immigrants were deported after being convicted of a traffic-related offense.
However, the stated deportable crime usually was not the traffic violation but the undocumented status of the immigrant(s) inside the car.
In states where undocumented residents cannot legally obtain a license, the added charge of driving without one has been used to make them even more vulnerable.
Undocumented Residents Can Get a Colorado Driver’s License
In Colorado, undocumented residents cannot be deported for minor traffic violations, even after law enforcement becomes aware of their status.
The state has even passed laws such as The Colorado Road and Community Safety Act (RCSA) which allows undocumented immigrants to receive a state driver’s license, permit, or identification card. It gives undocumented residents the same privileges as a citizen while expecting the same responsibilities, such as obeying traffic laws and carrying car insurance.
The RCSA also makes clear that any holder of a Colorado driver’s license “may not be discriminated against in any way, nor can your driver’s license be held against you to determine your citizenship or immigration status.”
What Should I Do if the Police Pull Me Over?
Getting stopped and questioned by the police can be incredibly stressful. The last thing you want to do in such a situation is panic or act out in an aggressive way. That can only make it worse.
Here are some important tips to remember if you are pulled over:
- Stay calm. Don’t run. Don’t argue, resist, or antagonize the police. Even if you’ve done nothing wrong, or feel the police are violating your rights, remain calm.
- Keep your hands open and where the police can see them.
- Be cooperative, but say no more than necessary
- Step out of the car if the officer asks you to
- Provide your license, registration, and proof of insurance if asked to
Remember that the police cannot search you or your belongings without your consent. They can pat your clothing to make sure you don’t have a weapon. You have the right to refuse consent to any other searches, but do not physically resist.
What if I am Placed Under Arrest?
However frustrated or scared you are, do not resist arrest, even if you believe it’s a mistake. Tell the police you wish to remain silent and ask for a lawyer. Once you have been placed under arrest, you are not required to answer any questions before you talk to a lawyer.
If you cannot afford a lawyer, request a free public defender. If you’re being charged with a crime punishable by more than a fine, you have the right to a lawyer.
What if I Get Detained by ICE for a Traffic Violation?
If you are arrested and handed over to ICE, they cannot hold you for longer than 48 hours without taking some form of action, such as initiating deportation proceedings. If 48 hours pass and ICE hasn’t taken further action, they must release you.
Talk Only to Your Lawyer
Never sign any form, answer any question, enter a plea, or make any decision without your lawyer’s advice. Do not discuss your immigration status with anyone but your lawyer. Any statements you make to anyone but your lawyer can be used to file criminal charges against you.
Speak to a Criminal Immigration Attorney
The intersection of criminal justice and immigration enforcement is a place you don’t want to be after getting charged with a traffic offense. If the police arrest you, get a Colorado criminal immigration attorney. Our legal team understands that pleading guilty for a lighter sentence probably won’t make an immigrant’s life easier. We don’t fight just for a lighter sentence. We fight for you. Call (866) 971-1640 for your case assessment, o si gustarÍa hablar con nosotros en español, por favor llámenos al 720-359-2442.
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Arrest Warrants and Traffic Tickets
By Natalie Moritz | Legally reviewed by Melissa Bender, Esq. | Last reviewed November 25, 2023
Legally Reviewed
Fact-Checked
Traffic tickets can be easy to forget, as there is no email, text, or convenient deadline reminder for traffic citations. Instead, the reminder you may get for an unpaid ticket is a warrant for your arrest.
Law enforcement and district courts take unpaid traffic tickets seriously, and an arrest on your record is a significant problem. So, what can happen if you forget to resolve a ticket? Besides a possible arrest from a warrant, you can also face other penalties:
- Increased fines and late fees
- Driver’s license suspension
- Vehicle impoundment
You do not want to spend time in jail because of an unresolved speeding ticket, parking ticket, or other infraction. Read on to learn more about how to avoid this and other penalties.
Do Traffic Tickets Expire?
Traffic tickets do not expire. Instead, your traffic ticket information will give you a deadline to either:
- Fight the ticket in traffic court
- Pay the ticket and plead guilty
- Plead no contest to the ticket
If you fail to act in this timeframe the issue does not just go away or incur additional fees. Consequences get much more serious. Your state’s traffic ticket laws have specific information on the penalties for unpaid tickets.
In general, the unpaid ticket will stay on your record indefinitely until you act on it. If you never show up in court to handle the ticket or pay the fine, a judge could issue a bench warrant for your arrest. The bench refers to the bench inside the courtroom where you must appear to deal with the ticket.
Arrest Warrants for Unpaid Tickets
Arrest warrants never expire until you “pay the fine or do the time.” The court can issue a warrant years after you were first ticketed. There is no statute of limitations or set date range by which the courts must issue an arrest warrant. Any county can turn a legal issue into a bench warrant at any time, even 10 years later.
If this happens, it means there is a court order that mandates your arrest and court appearance to face your unpaid citation.
Saying you did not know about the ticket or forgot about the citation is not considered a real defense by most judges. They will likely charge you late fees or set other punishments. Fees can reach thousands of dollars, or you may need to serve jail time.
After your arrest, the judge may require a cash bond. This means you must pay the full bail amount in cash to get out of jail. This is refundable if you comply but is forfeited if you fail to appear before the judge. The court will also likely issue another arrest warrant.
The judge may be willing to work with you and extend options for resolving your ticket and warrant. These can include:
- Ordering community service in place of the fine
- Lowering the fine in some instances of financial hardship
- Offering traffic school or defensive driving classes
- Allowing a payment plan instead of paying the fine in full
What Is a Traffic Warrant?
In some jurisdictions and situations, the court may issue a traffic warrant instead of a bench warrant. A traffic warrant is a more targeted type of warrant issued specifically for unresolved traffic violations. This type of warrant authorizes law enforcement officers to apprehend individuals with outstanding traffic citations and bring them before the court.
This can occur if you fail to respond to a traffic citation by either paying the fine or making the required traffic court appearance.
The best way to avoid any type of warrant because of a traffic offense is to follow the instructions on the citation. You can also seek legal advice or help from a lawyer if needed.
Checking for Outstanding Tickets or Warrants
You can check your state’s Department of Transportation website for a search option. You can also look into your driving record online. By searching your name and information, you can often find any outstanding issues that may cause more significant problems.
All 50 states and Washington, D.C. have a Department of Motor Vehicles (DMV) or equivalent agency, so your tickets or warrants can easily follow you across state lines. Past tickets can also suddenly require action as databases share or update information from state to state.
If you are pulled over in the future, a police officer will run your information. What the officer does next depends on the specific circumstances and the jurisdiction. They may inform you about any outstanding issues or tickets and let you go with an additional citation or a warning, or they may arrest you and force you to deal with the unpaid ticket.
A routine traffic stop isn’t the only incident that can reveal an outstanding ticket or warrant on your record. Other activities that can disclose this include:
- Pre-employment and housing background checks
- Joining the military
- Applying for or renewing your ID, driver’s license, or passport
- Airport security checks or border crossing
- Arrests for other offenses
- Other court dates
Watch Out for Ticket and Warrant Scams
Beware of fake law firms and collection agencies running scams to collect fines from people. It pays to:
- Investigate any letter or claim that you have an outstanding ticket before paying
- Call the district court that issued the ticket
- Verify the company calling you or sending you letters, which you can do by looking up the company’s official contact information and reaching out to them directly
- Ask questions if you suspect a scam
Never provide any personal, identifying, or financial information without first verifying the legitimacy of the agency.
Forgot a Ticket? Find Out More From an Attorney
You have legal options, even if you forgot to pay a traffic ticket. A traffic ticket attorney in your area may be able to negotiate fines and late fees and resolve an outstanding warrant. If you know you have defaulted on a citation, you shouldn’t have to worry about going to jail as a result.
An experienced, local attorney can represent your interests, protect your rights, and help you make your traffic case right with the courts.
