Key Takeaways
• DUI arrests often trigger ICE Holds and possible deportation for undocumented Guatemalan nationals in the U.S.
• A single DUI, even for first-time offenders, can start removal proceedings if legal status is lacking or prior orders exist.
• ICE prioritizes Guatemalans with criminal convictions, prior removal orders, or illegal reentry when enforcing immigration law.
Guatemalan Nationals Face Deportation After DUI Arrests in the United States
Across the United States 🇺🇸, more Guatemalan nationals are facing deportation after being arrested for driving under the influence (DUI). In recent months, immigration enforcement actions against people from Guatemala 🇬🇹 have focused especially on those with criminal charges, like DUI, entering or re-entering the country illegally, or failing to follow orders from immigration judges. This report looks closely at what is happening in several cases, how the system works, and what it means for people involved.
Deportation Actions Sparked by DUI Arrests
DUI charges are among the most common reasons why Guatemalan nationals are coming to the attention of immigration authorities. Even without a long criminal history, a single DUI arrest can lead immigration officials to place what is known as an ICE Hold on a person. An ICE Hold, also called a detainer, is a request from U.S. Immigration and Customs Enforcement (ICE) asking local law enforcement to keep someone in jail after their normal release so ICE can take them into custody.
For example, in Polk County, Florida, Cornelio Bamaca-Lopez, a 40-year-old Guatemalan national, was arrested on May 9, 2025. A local deputy said Bamaca-Lopez’s truck hit a curb and drifted in and out of its lane. When stopped, officers found he seemed drunk, did not have a valid driver’s license, and had entered the United States 🇺🇸 illegally through Arizona 🇺🇸 about two years earlier. His breath alcohol test showed two results: 0.0195 and 0.198. Bamaca-Lopez now faces several charges: Driving without a Valid License, Fleeing to Elude, and DUI. Notably, an ICE Hold has been placed on him, which means as soon as his criminal case is finished or if he posts bond, local police must tell ICE, and he could be taken into federal custody for removal.
As reported by VisaVerge.com, the use of ICE Holds in cases involving Guatemalan nationals after a DUI arrest highlights how quickly a person’s legal situation can change. Even a first-time offense may trigger deportation proceedings if the person is in the country without legal status.
Reviewing DUI Arrests Sparking Immigration Charges
Similar stories are happening in other states, showing a clear pattern:
1. Pennsylvania Arrest Leading to Federal Charges:
On March 23, 2025, a DUI stop on Interstate 81 in Union Township, Pennsylvania 🇺🇸, ended with State Police arresting a motorist who was later identified as a Guatemalan national already in the U.S. illegally. After the DUI arrest, federal authorities charged the person with illegal reentry, a federal crime for those who have already been removed from the United States and return without permission. Details about the individual’s name were not released, but this case underscores how a traffic stop can lead to serious immigration consequences.
- Georgia DUI Conviction Turns Into Deportation:
In Cornelia, Georgia 🇺🇸, Miguel Andres-Mateo, a 20-year-old Guatemalan national, was picked up by ICE on January 21, 2025. His problems began with a DUI arrest by the Habersham County Police Department on May 1, 2023, which led to a conviction and 12 months on probation. ICE said that Andres-Mateo entered the United States 🇺🇸 illegally at an unknown time and place. More importantly, he ignored an order from an immigration judge made on October 7, 2014, which told him to leave the country voluntarily. Because he missed his voluntary departure, his DUI conviction in 2023 became an additional red flag, and he now faces removal. -
Other Enforcement Actions Beyond DUI:
Not all ICE actions are limited to traffic or DUI cases. In Arlington, Virginia 🇺🇸, ICE arrested Enrique Montes Flores-Espana, a Guatemalan national, after he entered the United States 🇺🇸 twice following earlier deportations. He was accused of other serious charges, including consensual sex with a minor and proposing sex with a minor online. After these arrests, ICE quickly moved to begin deportation proceedings against him as well.
Why Do DUI Arrests Lead to ICE Holds for Guatemalan Nationals?
Some may wonder why a regular criminal charge, like a DUI arrest, can lead to such a quick turn toward deportation for Guatemalan nationals or any other undocumented immigrant. The main reason is how local police work with federal immigration authorities. When someone is booked into jail, their fingerprints and records are checked against national crime and immigration databases. If a person has no legal status or has prior immigration violations, ICE may issue a detainer or ICE Hold. This tells the jail to hold the person for up to 48 hours beyond their scheduled release, giving ICE time to pick them up.
An ICE Hold does not mean a person will instantly be deported after a DUI arrest, but it does start a process that can lead there. Most people in this situation are transferred to an immigration detention center. There, they may get a hearing with an immigration judge, who will decide if they should be removed from the country. Sometimes, people can apply for relief—meaning legal permission to stay—but those options are often limited, especially for people with criminal convictions.
What the Law Says About DUI and Immigration
The United States 🇺🇸 does not treat every DUI arrest the same way under immigration law. For example, a single DUI conviction is usually not grounds for automatic deportation, but it is a serious offense. If a Guatemalan national has other factors—like entering the country illegally, a prior deportation order, or additional crimes—ICE will be much more likely to pursue deportation.
The Immigration and Nationality Act (INA), which is the main set of laws about immigration, says certain crimes—like “crimes involving moral turpitude” or “aggravated felonies”—can trigger deportation. While not all DUIs fit those categories, repeat offenders, or those who cause injury or death, may fall into this group. If someone has simply entered or stayed in the country without permission, a combination of a DUI arrest and illegal presence is usually enough for ICE to take action.
How ICE Holds Affect the Outcome for Guatemalan Nationals
When an ICE Hold is placed following a DUI arrest, the person faces two processes at once—one in the criminal courts, and one in immigration courts. First, the person must deal with their criminal charges. Even if they post bail or finish their sentence, they are not released if an ICE Hold is active; instead, they are handed over to ICE.
The consequences are serious:
- Immediate Detention: Even small criminal charges can mean weeks or months in immigration detention while the case moves forward.
- Removal Proceedings: People with prior removal orders, like Miguel Andres-Mateo, may not even get a chance to see a judge before being removed, because their deportation has already been ordered.
- Few Legal Defenses: Options to avoid removal become harder after a criminal conviction or failure to appear for court.
Pattern of Targeting Criminal Offenses
While immigration enforcement is designed to focus on people with serious criminal backgrounds, these recent cases show that even a single DUI arrest can bring harsh results for Guatemalan nationals, especially those who have entered the country without permission or who have ignored court orders.
Analysis from VisaVerge.com suggests that this pattern will likely continue, as local agencies follow strict guidelines for sharing information about foreign nationals in their custody. While some places have “sanctuary” policies that limit this cooperation, many others, like Polk County, Florida 🇺🇸, share all records with ICE by default.
Not Just DUI: Other ICE Actions and Their Impact
Although DUI arrests get much attention, not all Guatemalan nationals facing deportation are charged with these types of crimes. For example, in Arlington, Virginia 🇺🇸, ICE arrested Flores-Espana for re-entering the country after being deported and for sexual offenses. His case shows that immigration enforcement also targets those with felony charges, repeat immigration violations, or serious community concerns.
Who Is Affected Most?
- Undocumented Guatemalan nationals: People who entered or stayed in the United States 🇺🇸 without legal status are at high risk if they encounter the police, even for something as simple as a traffic stop.
- Those with Previous Removal Orders: As seen with Andres-Mateo’s case, failing to appear in court or ignoring orders to leave makes later legal defenses almost impossible.
- People With Criminal Convictions: Once someone is convicted, especially for driving under the influence, ICE is much more likely to pursue detention and removal.
- Employers & Families: Arrests and removals don’t just affect the individuals. Families can be separated, and employers who rely on immigrant labor may lose workers with little warning.
Broader Implications for Immigration Policy
These individual cases are part of a larger trend in United States 🇺🇸 immigration enforcement. Policies under different presidents have shifted focus at times, but the priority is often on detaining and removing people with criminal records or repeat immigration law violations. ICE uses court records and jail bookings to find and detain Guatemalan nationals and others who are in the country illegally.
At the same time, groups who support immigrants, as well as some defense attorneys, say that focusing on DUI and other minor crimes sweeps up people with families and jobs, who may not be a risk to public safety. Some ask for more options for legal relief, or programs that let people with strong community ties stay, even after a criminal conviction.
Rights and Resources for Those Facing ICE Hold
If you or someone you know is subject to an ICE Hold after a DUI arrest, it is important to know your rights. People in this situation can often ask for a hearing before an immigration judge, and may be able to request a bond for their release. However, options depend heavily on a person’s criminal and immigration history. Legal help is key and can make a difference in how cases turn out.
The official ICE website explains more about ICE Holds, detention, and removal for those who want additional details or need to find their loved ones in custody.
Moving Forward: What Can Guatemalan Nationals Do?
- Know Your Status: It is important for Guatemalan nationals living in the United States 🇺🇸 to be aware of their immigration status. If you do not have legal status, even a small mistake or traffic stop can lead to detention or removal.
- Follow All Court Orders: If an immigration judge has given you a deadline to leave or appear in court, missing it makes things much harder in the future.
- Avoid Criminal Trouble: Steering clear of DUI or other criminal activity is the best way to avoid ICE scrutiny.
- Get Legal Advice Early: If you are arrested, reach out to a lawyer who knows both criminal and immigration law as soon as possible. This can help you make the best decisions for your situation.
Summary and Outlook
Recent cases of Guatemalan nationals facing deportation after DUI arrests show how closely local law enforcement and federal immigration authorities now work together. ICE Holds are often the first step in a process that can end in removal from the United States 🇺🇸, even for first-time offenders. While some support these strict policies for keeping communities safe, others argue for a softer approach, especially for those with families or strong community ties.
For now, anyone who does not have legal status—and especially anyone with an old removal order or past arrest—should watch out for even small encounters with the police. Understanding the risk, staying informed about the law, and seeking good legal help can help Guatemalan nationals and their families make better choices, protect their rights, and plan for the future.
Learn Today
ICE Hold → A request from U.S. immigration authorities that local police detain a person beyond their release for immigration custody.
Deportation → The formal process of removing a non-citizen from the United States for violating immigration or criminal laws.
Illegal Reentry → Returning to the United States after being formally deported or removed, which is a federal crime.
Detention Center → A facility where immigration authorities hold non-citizens while their removal or immigration proceedings are ongoing.
Voluntary Departure → An arrangement allowing an individual to leave the U.S. on their own, instead of being subject to formal deportation.
This Article in a Nutshell
Guatemalan nationals in the U.S. increasingly face deportation after DUI arrests. One offense is enough to trigger ICE Holds, leading to immediate detention and complex legal battles. Without legal status, even minor criminal actions can start deportation, separating families and uprooting lives. Early legal advice remains critical for affected individuals.
— By VisaVerge.com
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