In the context of immigration laws, people often use the term “deportation” interchangeably with “removal,” which can be extremely frightening for immigrants living in America. This article aims to explain the deportation process and procedures, explore who might face deportation, describe what one might experience in immigration court, and more.
What Does “Deportation” Mean?
It is a common term in the immigration sector as it is legally termed as removal. To simplify this article, we will use the term “deportation,” even though lawyers, immigration officers, and judges often use the terms interchangeably.
Understanding the nuances is crucial:
Being Placed into Deportation Proceedings
When authorities place an individual into deportation proceedings, they initiate a process that could culminate in an order of removal. Typically, the foreign national receives a Notice to Appear (NTA) outlining the charges against them and mandating their appearance in court.
Being Ordered Deported
An immigration judge or officer reviews the case during scheduled hearings and decides that the individual cannot remain in the United States when they issue a deportation order. (See “When Is an Order of Removal From an Immigration Judge Final?”)
Being Deported
Deportation, in its truest sense, means physically leaving the United States, either voluntarily or after receiving a “bag and baggage” letter from Immigration and Customs Enforcement (ICE), specifying when and where to appear for transportation. (See “If the Immigration Judge Orders Me Deported, What’s Next?”)
What Leads to Deportation From the U.S.?
U.S. immigration law delineates various grounds for removability, encompassing reasons for legally sending a foreign national back to their home country or another destination (8 U.S.C. § 1227). The most common ground applies to individuals lacking legal immigration status, often due to unauthorized entry or overstaying their nonimmigrant visa or Visa Waiver Program (VWP) period.
Additional grounds, applicable even to lawful permanent or conditional residents with green cards, include criminal convictions and failing to notify the U.S. government of address changes. In essence, anyone who is not a U.S. citizen can potentially face removal proceedings.
The path to a person’s removability may vary:
- Applying for an immigration benefit that gets denied could trigger removal proceedings.
- Arrests may lead to immigration hold checks by law enforcement, potentially uncovering the person’s removable status.
- Understanding the Deportation Process
- The deportation process can take different forms based on an individual’s immigration history and how they come to the attention of U.S. immigration authorities.
Removal Proceedings
Most commonly, deportation begins with placement into “removal proceedings.” ICE formally accuses the non-citizen of being removable due to improper documentation, visa violations, or other violations that preclude their presence in the United States. An immigration judge holds hearings and ultimately decides whether deportation is warranted.
Expedited Removal
“Expedited removal” is a quicker path to deportation initiated by the U.S. government for individuals lacking documentation or having misrepresented facts to enter the U.S. However, this process is applicable only at ports of entry or for those who entered unlawfully and cannot prove they’ve been in the U.S. for at least two years. Expedited removal involves no court hearings; an immigration officer decides on removal swiftly.
Reinstatement of Removal
“Reinstatement of removal” applies to individuals previously ordered deported who reenter the United States without permission. Similar to expedited removal, there are no immigration judge proceedings; an immigration officer can order removal based on this prior order.
The Steps in Deportation
The steps in deportation proceedings vary depending on the specific process:
- Expedited Removal and Reinstatement of Removal
- Encounter by an immigration official.
- Questioning by the official.
- Determination by the official regarding removal.
- Finalization of removal arrangements.
Regular Removal Proceedings
- Filing of a Notice to Appear with the immigration court.
- Scheduling of a master calendar hearing, often with a separate notice sent to the individual.
- Participation in the master calendar hearing, where charges are reviewed, and eligibility for relief from removal is assessed.
- Potential scheduling of additional master calendar hearings.
- If eligible for relief, setting a deadline for submitting applications and evidence.
- An “individual hearing” where the immigration judge evaluates evidence and decides on the application’s approval or denial.
- Appeal options if the application is denied or acceptance of the order as final, leading to ICE initiating deportation.
Seeking Legal Help in Deportation Cases
Deportation or placement in deportation proceedings can have severe repercussions on an individual’s ability to remain in or return to the United States. For guidance on preventing deportation and navigating these complex legal waters, consult an experienced immigration attorney promptly.
In conclusion, understanding the intricacies of deportation (removal) is paramount for foreign nationals in the United States. This comprehensive overview serves as a guide to the process, grounds for removal, and the steps involved. We strongly recommend reaching out to a qualified immigration attorney for personalized assistance in deportation cases.
