What is the Deportation Process?

Deportation is the process to remove a person from the United States, and it begins after the person has been issued an NTA or Notice to Appear. This notice contains a list of claims that the government needs to verify to have the person deported. In case they can’t prove it, the removal process is terminated. 

How the DHS begins the removal process?

The Department of Homeland Security (DHS) initiates the removal proceedings through its Immigration and Customs Enforcement Division, ICE. They find out about a non-citizen, usually from a phoned-in tip. Or, they carry out a workplace raid to check on the immigration status of people in jail, failed application for asylum, a green card, or even naturalization.

On finding out, the DHS serves the notice to the illegal immigrant before an immigration judge.

Deportation process

• The NTA is served by the U.S. Immigration and Customs Enforcement’s (ICE).

• Then, they will ask you if you need time to get a deportation attorney.

• Moreover, the person is told about the alleged grounds for removal.

• If you decide to proceed without a lawyer and satisfy the eligibility criteria, you can apply for deportation relief. In case you are not eligible, you will be deported.

• Also, you will have a chance to testify yourself regarding the situation. It would be helpful if you have an deportation defense lawyer by your side.

The judge will decide at the end of the hearing based on the alien’s actions or lack of immigration status. If the person has been deported, he will have 30 days to appeal to the Board of Immigration Appeals (BIA).

Master Calendar: The First Hearing

The first hearing of the person deported is known as a master calendar. Although the person doesn’t necessarily need a deportation defense lawyer for this hearing, it would be great to bring one. If you fail to attend this or any hearing, you will be issued an automatic order of removal. In fact, you might also be unable to return to the U.S. for the next ten years, no matter which visa you apply for.

Besides, if you are appearing in the court without any defense to removal, you may be able to negotiate for the Voluntary Removal. This would mean that you admit to having no legal right to remain in the U.S. and agree to depart on your own. As a result, you are not only saving the U.S. government any trouble but also maintaining your record, free of a removal order.

What are the common reasons immigrants face removal from the United States?

There are several reasons that could lead an immigrant to deportation or removal. These include:

1. Felony or misdemeanor criminal convictions

2. Immigration violations

3. Expiry of the visa or green card

4. Employment violations

5. Immigration fraud

6. Final Order of Removal/Deportation after a denial of asylum; or

7. Failing to leave after being allowed voluntary departure

These are the main reasons why removal or deportation proceedings are initiated. Besides, there are other reasons for removal from the United States too.

For instance, if a person

• has engaged in a high-speed flight from an immigration checkpoint,

• Is engaging in a sham marriage,

• has assisted in human smuggling into the United States,

• has been a drug abuser or addict,

• has failed to advise immigration authorities of a change of address,

• has violated any terms set forward by their visa or green card.

Some removal and deportation defense strategies

Here are some legal procedures and strategies that you can seek to protect yourself from deportation. Have a look at some of the examples.

• Asylum: If you think returning to your home country might be dangerous for you, you could request asylum in the United States. This can be beneficial as it would allow you to work here and even apply for a green card.

• I-751 Renewal: It is very stressful to keep up with all of the immigration paperwork. As a result, many people miss deadlines for their I-751 petition, which sometimes results in removal proceedings. But, now, you can renew this petition before the removal proceedings begin.

• Motion to Terminate & Motion to Suppress: If there has been a mistake at the government’s end when ordering deportation or removal, it may be possible to have the entire case might get discarded. The same would happen if an error were detected in the government’s paperwork or if law enforcement violated constitutional due process while arresting you.

• Criminal Waivers: Besides, if you are applying for permanent residency or are already a permanent resident, being threatened with deportation because of a past criminal record, you can file for a criminal waiver to waive off the crime from your history.

• Cancellation of Removal for Illegal Immigrants: If you have resided in the country for ten years or more and have carried a certificate of “good moral character,” it may be possible to cancel the deportation proceedings. Alternatively, if you can prove the “exceptional and extremely unusual” hardship that your U.S. Citizen spouse or child will face if you are deported, in this case also, the proceedings can be terminated. Also, you can apply for a green card.

Lastly, if you are attending a deportation hearing, you need to prepare your mind that the U.S. government has an attorney who will be favoring your removal from the country. Therefore, it’s not easy to fight deportation alone confronting an experienced lawyer. So, if you wish to obtain the desired outcome in the deportation case, you need a deportation defense lawyer