Q: Can an undocumented immigrant be deported for driving without a license in Massachusetts?

A: Well, no one can guarantee that they wont be in the building, but ordinarily an immigrant would not be deported for a misdemeanor motor vehicle offense. It might matter what Court you are going to- it is possible Ice is more in attendance at larger busier courts....they can't be everywhere. However you weigh and measure the risk, it is worse if you do not go. If you fail to appear, a warrant will issue for your arrest, and that warrant gives any law enforcement officer the right to stop and arrest you. You should have attended the clerk's hearing usually offered and then it wouldnot have got to an arraignment. Do you have any license from your own country? can you get a permit or license before Court or start the process so itlook sbetter? Most likely your case would be negotiated at arraignment and dismissed on payment of Court costs. Not going escalates the risk to you substantially. If you want to walk in and walk out, going to Court on your own is the best way. If you can afford an attorney maybe it will make you feel better to be in Court with your own lawyer? only you can answer that, but there are many of us on this list that do these cases all the time. I am sure it is frightening to think about, but having a warrant is far worse from an immigration standpoint- Good luck

A: The worry you feel is completely understandable. Your situation touches on both traffic law and immigration concerns, and I want to provide you with helpful information.

Since July 2023, Massachusetts has allowed undocumented immigrants to obtain driver's licenses under the Work and Family Mobility Act. This law was specifically designed to help people in your situation drive legally without fear. The law removes the requirement that residents provide proof of immigration status when applying for a standard driver's license, making it possible for undocumented immigrants to drive legally in Massachusetts.

Regarding your court appearance, there is risk to consider. For undocumented immigrants, driving without a license has historically carried potential immigration consequences, as police contact during traffic stops or court appearances could potentially lead to immigration enforcement involvement. However, a significant Massachusetts Supreme Judicial Court decision ruled that state and local law enforcement cannot lawfully detain individuals solely based on immigration detainers, which means local police cannot hold you just for immigration purposes.

If you attend court, you have rights that protect you. You have the right to remain silent about your immigration status and the right to speak with an attorney. If you're concerned about the court appearance, consulting with an immigration attorney before your April court date would be the wisest course of action. They can provide guidance specific to your situation and potentially represent you in court.

I strongly recommend reaching out to local immigrant rights organizations or legal aid services that might help you navigate this situation and possibly apply for a proper license before your court date, which could potentially help resolve your case more favorably.