Will Justin Beiber get deported?

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Probably not, but the charges can complicate any future applications.

Justin Drew Bieber was arrested on January 23, 2014 in Miami Beach Florida at 4:13 a.m. for DUI, resisting arrest, and driving with a suspended Georgia License.  There are also allegations that he was under the influence of controlled dangerous substances.

Bieber was born in Ontario, Canada and came to the U.S. when he was 15.  He is 19 now, but his immigration status is unclear.  Bieber likely isn’t at risk of being deported or denied entry into the U.S. According to U.S. immigration law, authorities generally do not revoke an individual’s visa unless the person has been convicted of a violent crime or has been sentenced to more than one year imprisonment.   Beiber’s charges don’t rise to this level, with one exception.

Resisting arrest could be considered a crime of moral turpitude; a conviction would make Beiber inadmissible and likely deportable. In New Jersey, the severity of resisting arrest varies, depending on the circumstances, from a disorderly person (not a crime), to a second, third, or fourth degree offense (which are all crimes), resulting in six months to five years in jail.  As discussed in a prior article, resisting arrest will likely be dismissed unless additional evidence is disclosed.  The facts don’t warrant even a disorderly person’s conviction let alone a crime, under New Jersey’s statute.

Driving under the Influence of drugs or alcohol, would normally not cause Beiber to be deported.  However, if he was in the U.S. without permission, a DUI/DWI may result in in deportation proceedings.  I have had undocumented immigrants picked up by immigration even after I got the DUI/DWI charges dismissed.  Likely Beiber is here with some kind of status.  If I was advising Beiber, given his recent legal problems I would file for citizenship as quickly as possible.  He has not yet been convicted of anything that would disqualify him, but at the rate he is going that seem to be only a matter of time.  Statements made by the police stated that Beiber admitted to using a drug, it is unclear whether it was a prescription drug or a controlled dangerous substance.  He was not charged with possessing a controlled dangerous substance, which normally is a deportable offense.

Beiber’s third charge driving with a suspended license, in New Jersey isn’t a deportable offense.  However, a second conviction results in mandatory jail time of one or two days.  For undocumented immigrants, even a short stay in jail will result in removal proceedings.