Immigration law demonizes people whom it labels as “drug abusers and addicts,” “habitual drunkards,” and “alcoholics.” The implication is that they are morally weak, dangerous, or evil. An immigrant who comes within such a category can be found inadmissible and ineligible to establish good moral character, and can be denied several forms of immigration relief as well as naturalization. But from a scientific perspective, these people suffer from a substance use disorder (SUD), a medical condition that frequently arises after the person has undergone severe trauma. Substance Use Disorder is a growing health crisis that currently affects over 20 million people in the United States.
This Advisory is written by immigration attorneys and medical doctors specializing in SUD, to examine the issue from both perspectives. Part I of the advisory discusses the several immigration law penalties based on substance use (even when use has not risen to a disorder) and suggests legal defense strategies. Part II of the advisory reviews current medical information about the disorders and discusses how this information can address questions that arise in immigration proceedings.