Are you an immigrant living in the USA? Are you worried about being deported?
Well, it’s a completely valid concern, however, we are here to make sure that your concern is applicable to you.
In this article, we will cover who can be deported, what the deportation process is, and some important things to know about deportation.
So keep reading to learn more.
Who is Classified as a Deportable Alien?
Oddly enough, not all immigrants are deportable aliens. So what constitutes one being deportable?
In general, any alien that is in the United States is subject to removal, a.k.a deportation if they:
- An inadmissible alien in accordance with immigrant laws at the time of entry or adjustment of nonimmigrant status
- Is in the US in violation of the Immigration and Nationality Act or any other US law for that matter
- Have violated a condition of entry or nonimmigrant status
- Have termination a circumstantial permanent residence
- Aided or encourage another alien to enter the US without legal bearing
- Have employed the use of marriage fraud to gain entry
- Were convicted of a criminal offense
- Have not registered or falsified documentation in regards to entry
- Have acted in a manner to endanger public safety
- Have posed a national security risk
- Engaged in unlawful voting
And that’s about it. However, depending on the circumstances of the case, exceptions can be made, and they are always usually against the defending party so make sure to have a good removal defense counsel on your side.
What is the Deportation Process?
Hopefully, it never gets to this point, but knowing how the deportation process occurs is an important faculty of being able to defend against it.
Because this process is a little long-winded, it’s best to break it down into specific steps. So here they are.
Deportable Alien Gets a Notice to Appear
Both the US Citizenship and Immigration Services and Immigration and Customs Enforcement are in charge of removals and deportations. These are subject to the management of the US Department of Homeland Security.
If you have done something as mentioned earlier, enough to warrant deportation, the DHS will send a Notice to Appear. This means you have to present yourself in federal court for immigration, and a copy of this document would be presented to the court as well.
The document should state why you are at risk of being deported, and provide you with a hearing date, which is called the scheduling hearing or master calendar. Usually, you have about ten days before the hearing, this allows you to speak with an immigration attorney extensively.
No matter what, do not ignore the document. Failure to appear before a deportation proceeding will result in immediate removal, which is practically impossible to defend against. It will also make getting a hearing with the immigration judge after being arrested extremely difficult because you will be deported as soon as possible.
The master calendar, also known as the initial hearing is procedural in nature. Under the normal protocol, there will be a variety of regular people, each of whom is provided with some time before the judge. The final decision upon a case is rarely made at this stage.
At this hearing, officials will explain the removal procedure, they will speak about your rights, and if you claim a defense, an evidentiary hearing will be scheduled.
If you don’t have communication with a lawyer yet, you can request for more time to find one. A master calendar hearings there will volunteer attorneys, primarily out of charity, but in reality in hopes of you hiring them at a later time.
Do not expect to have a free attorney to represent your entire case. Because these proceedings are civil and not criminal, you don’t have the right for a public defender.
If you get to an evidentiary hearing, also known as the merits hearing or individual calendar hearing, a federal judge will appear to hear evidence against you, and consequently your defense against them.
This is the hearing that will determine whether or not you will be deported, and not necessarily on the first day. These hearings can last several hours, meaning they cannot be finished on the scheduled day. When that occurs, the judge will issue a continuance, which is a followup, often months or weeks later. Under Trump administration, immigration judges have been told to hurry these hearings, so such continuances might not be applicable now.
The hearing is private. Only the judge, you, government attorney, your interpreter, and witnesses whom the government or you decide to call will be in the courtroom.
The defense can be employed by providing evidence, testimony, or witnesses. You have the full right to fight against the charges. In some cases, this might involve asking the court to waive removal and grant you the right to remain in the country. If applicable, you can assert the right to receive protection, because you are afraid to return home because of the threat of persecution.
In the end, the judge will issue an immediate oral decision from the federal bench. But if the judge needs more time to review the law or facts, they will send you a decision at a later time.
Adverse Decision Appeal
If the judge has ruled against you, you are not required to leave the US immediately. You can appeal with the Bureau of Immigration Appeals within 30 days, and if that decision goes against, you can also appeal it to the federal US Court of Appeals.
The government also holds the right to appeal. So if the decision is in your favor, you are not entirely safe until the government states no appeal, or the 30 days have passed. And also if you win all of the appeals, no more appeals can be made.
Things You Need to Know About Deportation
And finally as promised, here are some of the important things you should know about. They are not in any particular order and can be disregarded, but it’s well worth your time to be aware of them.
So keep reading.
Deportation is Expensive
Each government has to decide on the economic consequences of their decisions. In the case of administration under Trumpp, the wave of mass deportations was bound to slow down because the economical forecasts have started to become excessive.
It is assumed that over $10 billion in federal/state taxes each year are paid by immigrants, and the cost of deporting these taxpayers would be over $5 trillion.
All Foreigners Can Be Deported
In reality, the deportation force is not only busy rounding up convicted and dangerous immigrants, but also any of those who have overstayed their visas. Even naturalized citizens can face deportation if they commit a crime of moral turpitude, which is up to the court to interpret.
Due Process Cannot Be Taken
It is hinted that due process rights are to be taken away from immigrants. However, if this is to realize itself, there will be several legal challenges that will prevent it from occurring.
Immigrants are already at legal disposition in front of the law, meaning they should most certainly be afforded the right to argue their defense in court by the means of the 14th Amendment, in which due process is a necessity.
Deportations and Removal Orders
Immigrants who lawfully enter the US are admissible, which means deportation orders received by them will prove enough time for them to acquire immigration status or exit the country.
However, a removal order is difficult to defend against, because they are based on conditions of inadmissibility that have been mentioned earlier at the top. Furthermore, the Notice to Appear in court does not provide enough time to acquire legal status.
Deportations Are Common
The pace of deportations has increased tremendously. But the number of actual removals is significantly lower than ever before. Since most ICE agents are tasked with going after aliens who have minor offenses, many other deportations have been withdrawn in consequence.
This means the deportations are now targeted at the majority because rarely are deportations dealing with criminal offenses on such a scale, as somebody overstating their visa.
Deportation Process Explained
Now that you know about the deportation process, and all of the constituents, you are well on your way to determine your next course of action. No matter what you choose to do, it will be the right decision, so don’t tread with too much thought.
Speak to a lawyer and learn about your opportunities. If you’re interested in learning more about similar topics, feel free to go through the categorical pages at the top of the website.