Deportation is a complex and costly process that rips individuals from their families, communities, and lives. If you or a loved one is facing deportation, it is important to work with an experienced attorney. To learn more about deportation and how it can be challenged, contact an NYC immigration attorney to schedule a consultation.
The removal process involves a series of hearings where an immigration judge reviews an individual’s case to determine whether they should be removed from the country. The process can be extremely lengthy and requires close cooperation between the immigration courts and local and state law enforcement.
Immigration judges have broad discretion in determining who will be deported. Congress has set out broad categories of crimes that will make a noncitizen deportable including “crimes of moral turpitude,” possession of controlled substances, and certain aggravated felonies. In addition, any fingerprints of a noncitizen arrested by a local or state law-enforcement agency (LEA) are sent to ICE and are checked against immigration databases. If the agency believes that the noncitizen is deportable, it will issue a “detainer” asking that LEA hold them for up to 48 hours so that ICE can take them into custody. LEAs are not required to honor these requests and many do not.
In addition, immigrants apprehended at the border may be subject to rapid “summary removal” by low-level DHS officials unless they express a fear of persecution or wish to seek asylum. A noncitizen who has been deported once before can also be removed quickly without a judge’s involvement if they reenter the country illegally.
To carry out a mass deportation, federal agencies would need to ramp up collaboration with LEAs and establish new infrastructure including expansive detention centers. ICE currently has 41,500 detention beds and needs tens of thousands more to accommodate people in removal proceedings. This would divert personnel from other vital duties such as disaster response and military readiness, and it could create a national security risk.
Individuals deported from the United States are often ripped away from their families, communities and countries of origin, with no chance to see them again. They are forced to return to dangerous conditions where they could be at risk of violence, torture, and persecution. Those who are deported can also be denied the ability to apply for a new visa to reenter the United States.
Immigration judges often make these drastic decisions with little to no explanation. This is especially true for those with family ties in the United States. Those who have built lives here and have children that are citizens should be able to stay with their families and not be removed from the country they love. For these reasons, the deportation process should be carefully analyzed and reformed. This can only be accomplished with the help of an experienced immigration attorney. To schedule a deportation consultation with a Brooklyn removal defense lawyer, call the office today. We offer free, confidential consultations.