A 37-year-old Guatemalan gardener in San Antonio, Texas, faces deportation after a recent DUI arrest, highlighting the sharp rise in removals of noncitizens with any criminal record under President Trump’s second term. Since January 2025, the United States 🇺🇸 has seen a dramatic shift in immigration enforcement, with new policies targeting even minor offenses like DUI and DWI for immediate deportation.
Aggressive Deportation Priorities
The Trump administration’s executive orders now require Immigration and Customs Enforcement (ICE) to prioritize the removal of noncitizens with any criminal record, including those arrested for DUI or DWI. This means that even a single DUI arrest can trigger deportation, regardless of how minor the incident or whether the person has lived in the country for many years. ICE has expanded its operations, focusing on people arrested for criminal offenses, including misdemeanors such as DUI. These changes have made the environment much tougher for Guatemalan nationals and other immigrants.
Elimination of “Sensitive Locations” Protections
ICE agents are now allowed to conduct enforcement actions in places that were previously considered off-limits, such as schools, hospitals, and churches. This change has created fear among immigrant communities, as people worry about being detained in places they once thought were safe.
Expedited Removal Nationwide
The administration has also expanded the use of expedited removal, a process that allows for the rapid deportation of undocumented individuals arrested for criminal conduct—including DUI—without a hearing before a judge. This means that many Guatemalan nationals and others facing deportation after a DUI arrest may not get a chance to explain their situation in court.
Case Example: Raul Ical
One recent case shows how these policies work in practice. Raul Ical, a 29-year-old Guatemalan national, was arrested in 2024 on a DWI charge. He had previously entered the United States 🇺🇸 unlawfully in 2013 and was deported soon after. In April 2025, after a traffic stop, Ical tried to avoid arrest by hiding in a tree for over six hours before giving himself up. After spending three months in jail, a federal judge gave him “time served,” but he was immediately handed over to ICE to start deportation proceedings. This case shows the administration’s zero-tolerance approach to noncitizens with any criminal history, including DUI or DWI.
Current Deportation Procedures for DUI/DWI Offenses
The process for noncitizens arrested for DUI or DWI now follows these steps:
- Arrest and Booking: After a DUI arrest, the person’s fingerprints and information are shared with ICE through the Secure Communities program.
- ICE Detainer: ICE may ask local police to hold the person for up to 48 hours after their release from jail.
- Transfer to ICE Custody: Once released from local custody, the person is moved to ICE detention.
- Expedited Removal or Immigration Court: Many are placed in expedited removal, especially if they have no legal status or have been deported before. Others may get a court hearing, but the administration is pushing for quick decisions and limited review by judges.
- Deportation: If found removable, the person is deported to their home country, often within weeks of the arrest.
Limited Legal Representation
Access to legal help is very limited, especially for those in expedited removal. Many advocacy groups say that due process protections—the right to a fair hearing—are being weakened under current policies. This makes it much harder for Guatemalan nationals and others to fight deportation after a DUI arrest.
Policy Changes and Announcements
In January 2025, President Trump’s executive orders removed Biden-era rules that allowed for some discretion in low-level cases. Now, any criminal conduct, including a single DUI, can lead to deportation. Project 2025 proposals call for even more use of expedited removal and the end of relief programs like Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA). Some of these orders are being challenged in court, but enforcement against those with criminal records continues.
Deportation Data and Public Opinion
While exact numbers for 2025 are not yet available, ICE reports a big increase in deportations of noncitizens with DUI or DWI convictions since January. Thousands of cases have been processed under expedited removal. Public opinion is shifting, with 54% of Americans now saying ICE enforcement has gone “too far,” and 52% calling President Trump’s approach “too harsh.”
Key Stakeholders and Official Statements
The Department of Homeland Security (DHS) leads these enforcement efforts, with top officials stressing “zero tolerance” for criminal conduct by noncitizens. Civil rights and immigrant advocacy groups are fighting these policies, especially for nonviolent offenses like DUI. Legal aid groups are trying to help, but resources are stretched thin.
Practical Implications for Affected Individuals
- High Risk of Removal: Any noncitizen—documented or undocumented—arrested for DUI or DWI now faces immediate risk of ICE detention and deportation, with little chance for relief or appeal.
- Family Separation: Rapid removals are causing more family separations, especially for long-term residents with U.S. citizen children.
- Limited Relief Options: Humanitarian relief, such as asylum or cancellation of removal, is now much harder to get. Most forms of prosecutorial discretion have been removed.
Expert Analysis and Multiple Perspectives
Supporters of the new policies say strict enforcement deters crime and upholds the law. Critics warn that these rules are too harsh, undermine fairness, and hurt families and communities, especially for nonviolent offenses like DUI. Legal experts point out that the rapid use of expedited removal raises constitutional concerns and may face more court challenges.
Future Outlook and Pending Changes
Unless blocked by courts or Congress, these aggressive deportation policies are expected to continue through at least 2025. Ongoing lawsuits could limit or overturn some executive orders, but there is no immediate relief for those with DUI or DWI arrests. Major changes from Congress are unlikely soon due to political disagreements.
Official Resources and Contact Information
For those facing deportation, it’s important to seek help quickly. The ICE Detention Reporting and Information Line is 1-888-351-4024. More information is available at the U.S. Citizenship and Immigration Services (USCIS) website. Legal aid groups like the American Immigration Lawyers Association (AILA) and the National Immigration Law Center (NILC) may offer support.
As reported by VisaVerge.com, the current environment for Guatemalan nationals and others facing deportation after a DUI arrest is extremely tough, with fast-track removals, limited legal help, and few options for relief. Families and communities are feeling the impact, and many are calling for changes to restore fairness and due process to the immigration system. For now, anyone arrested for DUI should seek legal advice right away and stay informed about their rights and options.
Learn Today
Deportation → The official removal of a noncitizen from a country due to immigration or criminal offenses.
DUI → Driving Under the Influence; operating a vehicle while impaired by alcohol or drugs.
Expedited Removal → A rapid deportation process without a full court hearing, targeting certain criminal or undocumented individuals.
ICE → Immigration and Customs Enforcement; U.S. agency responsible for enforcing immigration laws and removals.
Secure Communities → A federal program sharing arrested noncitizen fingerprints with ICE for immigration enforcement purposes.
This Article in a Nutshell
A Guatemalan gardener in Texas faces deportation under strict 2025 policies targeting noncitizens with DUI arrests. The Trump administration’s zero-tolerance approach accelerates removals, reduces legal protections, and expands ICE enforcement to sensitive locations, dramatically affecting immigrant communities and families nationwide.
— By VisaVerge.com
