Deportation is the expulsion from a country of a noncitizen who has violated immigration laws. Generally, the person is deported after a legal process that includes an arrest and a court order directing the individual to leave the country. A person can be removed because of criminal activity or violations of immigration laws such as illegally entering the country, overstaying a visa, or lying on an application. The president sets ICE’s deportation priorities, which affect how likely it is that someone will be deported. For example, under President Obama, DACA recipients were not deported as quickly as others with criminal records.
A country can also deport a noncitizen who has been found to be an immediate threat to the security of the nation. This may be the result of a serious crime such as murder, kidnapping, or drug trafficking. The government also deports people who have committed fraud to obtain a visa or enter the country illegally and those who have abused public benefits.
When a person is deported, their lives are permanently changed. They must leave their homes, jobs, schools, and communities, and often they must return to a country where they have no family or friends. They may never have the opportunity to see their children grow up and get married, and they may never be able to visit their parents or grandchildren.
Moreover, mass deportation would hurt the economy. It would cost taxpayers billions of dollars, reduce tax revenues, and destroy jobs for American citizens. It would also deprive the economy of a significant portion of its labor force, leading to decreased production and higher consumer prices.
The deportation process can take years. It starts with an arrest by ICE, followed by detention and a hearing before a judge. The judge may issue a removal order, which can be appealed. It is possible for a noncitizen to avoid deportation by successfully arguing that they have a “credible fear” of persecution if returned to their home countries. The El Salvador immigrant Kilmar Armando Abrego Garcia, for example, was able to stave off deportation by convincing a judge that the gangs in his native country were threatening him and that it was too dangerous to return.
It is important to understand that there are many steps in the process of deportation, and each case is different. It is best to consult with an experienced immigration lawyer if you are worried about being deported. A qualified attorney can help you navigate the complicated and sometimes confusing legal process and ensure that your rights are protected. Please contact us to schedule a consultation with an immigration attorney. We serve clients throughout the United States. We have offices in Boston, New York City, and Washington, D.C., and we speak several languages. We can assist you with all aspects of your case, including filing an asylum application or defending against a deportation proceeding. We are committed to fighting for your rights and freedoms.