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Arizona Representative Jeff Flake is proposing legislation that would make a third DUI a deportable offense for legal and illegal immigrants. Under the current law, an alien may only be deported for an aggravated felony or for a crime involving moral turpitude. Therefore, an alien convicted of multiple DUIs cannot be deported solely on those grounds. It should be noted, however, that under existing immigration law, an alien with multiple DUIs may be re-examined and deemed inadmissible on the basis of alcohol dependence.

Under existing law, an alien convicted of a DUI can choose to voluntarily deport himself. With voluntary deportation, an alien avoids a forced deportation. Following a forced deportation, an alien may not legally re-enter the United States for ten years. Some critics contend that illegal immigrants should face forced deportation for a first DUI offense.

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