The consequence of being deported from the United States is one of the most serious. As such, it disrupts lives, families, communities, and careers. It is overwhelming for many to be removed from the country they say is home. As someone who could be or already is at risk of being deported, or as someone wanting to help someone who is facing this challenge, understanding the deportation process, the laws that govern it provides a foreigner with opportunities to respond to it.
Let’s get into how deportation works, what crimes lead to it, how you can stop deportation, and if you can appeal a deportation order. We will also look at what has happened for people who already have green cards, who were previously deferred from deportation.
Immigration authorities formally removing a noncitizen from the United States is called deportation. This occurs when someone has broken U.S. immigration or criminal laws. If the person is deported, he or she is almost always barred from reentry to the U.S. for several years and occasionally permanently.
Immigration deportation, however, can have many meanings, including illegally crossing the border or overstaying a visa, being penalized for committing specific crimes, or any other conditions for obtaining or maintaining a green card or an immigration visa.
When Immigration and Customs Enforcement (ICE) arrests a person they believe has violated immigration regulations, the deportation process usually begins. The person might receive a Notice to Appear (NTA) in immigration court after being arrested.
An immigration judge receives the government's and the immigrant's or their lawyer's arguments in a courtroom. The immigrant is entitled to self-defense, remedy, or an argument against deportation. The judge issues a deportation order if they decide that the person has to leave the country.
An appeal of an order of deportation is available. You have 30 days to appeal a decision by an immigration court to the Board of Immigration Appeals (BIA). This appeal asks that a higher court review your case for any missed evidence or legal errors.
Deportation may be delayed, and the ruling could be reversed by appealing. For a better success rate, numerous individuals choose to hire an immigration attorney since appeals are a complex legal procedure.
Certain crimes automatically render a person deportable, regardless of how long they have been in the U.S. or if they have a green card. These crimes are referred to as "deportable offenses" and are viewed very seriously by U.S. law.
Drug crimes, robbery, fraud, domestic violence, and crimes of moral turpitude—that is, crimes that are considered to be immoral—are some of the crimes that can lead to deportation. Deportation is almost always the consequence of convictions for serious crimes like rape, murder, or sexual abuse of a child.
Being convicted of a crime can affect your life significantly if you are not a U.S. citizen. If you are charged with any crime, you must meet with both an immigration attorney and a criminal defense lawyer.
Having a green card makes you eligible to reside and work in the U.S. indefinitely, but it doesn't safeguard you from deportation. Lots of individuals have the impression that when they have a green card, they won't be removable, but it isn't true.
If a person violates residence conditions, misrepresents themselves in their green card application, or commits an offense for which deportation is possible, they can be deported after securing a green card. For example, a holder of a green card can be placed under removal procedures if he/she commit a serious crime or stay outside of the country for a long duration of time.
A holder of a green card can request cancellation of removal if they have deportation charges pending against them. Depending on their long-time residency, moral character, and family connections in the United States, the judge is being requested to allow them to stay.
Deportation is intimidating, but it can be prevented. The best defense will depend on your circumstances, and it's vital to act swiftly and pursue the correct legal process.
An asylum application is one means of avoiding deportation. This is an option for individuals who are concerned that race, religion, political opinion, or other protected categories will put them in danger if they return to their home country. Some who are concerned about torture upon return to their home country might be eligible for protection under the Convention Against Torture.
Cancellation of removal is another option. Immigrants who have been in the country for many years, are morally good, and can prove that deportation would be hard on a family member who is a U.S. citizen, qualify for this.
Deportation is not only a legal procedure—it profoundly impacts individuals on an emotional and economic level. Families are torn apart, children lose a parent, and employees are taken away from their workplaces.
Financial difficulties often stem from the loss of a family member's main source of income through deportation. Children can experience anxiety, trauma, and instability. Immigrants find it harder to live safe and healthy lives in certain places due to the mistrust that the fear of deportation inspires towards the police, schools, and hospitals.
Immigrant deportations have far-reaching and even irreversible effects. To avoid unnecessary deportation of vulnerable individuals, various immigrant advocacy groups make efforts to provide legal aid, community support, and policy reform.
You do not need to navigate the confusing and sometimes bewildering U.S. deportation process by yourself. Defending yourself or a loved one means understanding your rights and obtaining the right legal advice.
Do not sign anything without talking to an attorney first if you are arrested by ICE or receive a Notice to Appear. You have a right to demand legal representation and to remain silent.
Immigrants can make more informed decisions and avoid mistakes that can lead to removal by knowing the deportation laws in the United States. The best defense is to stay updated on immigration laws and your legal options, whether you possess a green card or are an undocumented immigrant.
Information and guidance can be gained from organizations like the American Immigration Council, the American Civil Liberties Union, and local legal aid offices. Immigration law schools and local advocacy organizations can also provide pro bono services or legal clinics.
Deportation is one of the most serious things the U.S. government can do to a non-citizen. It can end relationships in families, and it can alter the course of somebody’s life dramatically. If you are subject to deportation from your country of residence or you are trying to help someone avoid deportation, it is important to know how the system works to find a solution. Being informed, knowing what crimes and how you can stop deportation, or if and how you can appeal a deportation order, can make a difference.
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