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. Understanding deportation US article aims to explain the 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?”)
Overview of the Deportation Process
- Initiation: Deportation proceedings begin when DHS files a Notice to Appear (NTA) with an immigration court. This document outlines the reasons for the proposed removal and informs the individual of their right to contest it in court.
- Master Hearing: The first court appearance is known as a master hearing, where the immigration judge assesses whether the individual is ready to proceed or needs more time to obtain legal representation. This hearing is largely procedural but sets the stage for subsequent hearings.
- Evidentiary Hearing: If the case proceeds, an individual hearing is held where evidence is presented. The government must prove that the individual is removable by clear and convincing evidence. The individual has the opportunity to defend themselves and present any applicable relief options, such as asylum or cancellation of removal.
- Judgment and Appeal: After the evidentiary hearing, if the judge rules in favor of deportation, the individual can appeal this decision to the Board of Immigration Appeals (BIA) within 30 days. Further appeals can be made to federal courts if necessary.
Grounds for Deportation
Individuals may face deportation for various reasons, including:
- Violation of Immigration Laws: This includes entering without inspection, overstaying a visa, or violating terms of admission.
- Criminal Convictions: Certain crimes, especially aggravated felonies, can lead to deportation.
- Security Threats: Activities that threaten national security or public safety may also result in removal proceedings.
Expedited Removal
In some cases, particularly for individuals apprehended at or near U.S. borders without valid documentation or asylum claims, expedited removal may apply. This process allows for rapid deportation without a hearing before an immigration judge, often occurring within hours of apprehension.
Rights During Deportation Proceedings
Individuals facing deportation have specific rights:
- The right to legal representation (though not provided at government expense).
- The right to contest their removal and present evidence in their favor.
- The right to appeal decisions made by immigration judges.
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 is 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.
Understanding deportation US 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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Family-Based Visas or Employment-Based Visas, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure their visas/permits so they won’t be deported from the US. Call us today at +234 812 5505 986 to learn how we can assist you.
