Nelson Rivas Garcia/Honduras/Driving Under the Influence

Nelson Rivas Garcia, a Honduras national found to be in the country illegally, was arrested in Caldwell, Idaho, on charges of driving under the influence, unlawful reentry.

Impaired driving charges can trigger federal immigration enforcement even when the underlying offense is a misdemeanor, and illegal aliens arrested for DUI often find themselves facing two separate legal processes. Garcia’s state criminal case will move through the local court system on its own timeline. Concurrently, a federal immigration court will evaluate whether removal to Honduras is warranted — an independent proceeding that continues regardless of the criminal outcome and can result in deportation before any criminal sentence is served.

Garcia remains in ICE custody pending a hearing before a federal immigration judge. No trial date on the criminal charges has been announced publicly. If the immigration court orders removal, Garcia would be returned to Honduras.