Immigration Laws Cannot Discriminate Against Alcoholics

Just this past week, the U.S. 9th Circuit Court of Appeals struck down an immigration law which makes it nearly impossible for those individuals identified as “habitual drunkards” to avoid deportation. In their opinion, the majority opined that equating alcoholism with bad moral character is inherently unfair, as it targets those who are battling a long-recognized disease. The court ultimately held that such a law violates the equal-protection clause of the United States Constitution, stating “a person’s medical disability lacks any rational relation to his classification as a person with bad moral character, and that § 1101(f)(1) is therefore unconstitutional.” If this decision is not appealed, it will allow many immigrants facing deportation to have a fighting chance. If you or someone you know is facing deportation for this very reason, please give our office a call.