Deportation, also known as removal or expulsion, is a civil enactment that sends an alien back to the country from which he came. Deportation can be ordered for a number of reasons, including immigration violations, certain criminal convictions, national security, or false claims to citizenship or permanent residence. A deportation order is a binding legal action that can’t be undone, and the consequences can last for years.
Deported immigrants cannot return to the United States without first going through a lengthy and complex process overseen by an immigration judge. Government lawyers must present evidence that is clear and convincing to the judge that the person should be removed from the country. This evidence can include criminal convictions, public charges, tax filings, and other factors that can be used to establish a case for deportation. Immigration law is complex, and a skilled attorney can protect the rights of those facing deportation.
How Are People Deported?
Deportations are carried out by the Department of Homeland Security (DHS) through a process called removal proceedings, which is usually overseen by an immigration judge. Noncitizens who are not lawful residents can be deported for a variety of reasons, including overstaying their visa or violating the terms of their work or student visa. Immigrants who have temporary protection such as asylum or humanitarian parole can also be subject to deportation if their status is revoked.
Those who are deported face many serious consequences, both personal and economic. For example, families are often separated when a breadwinner is removed from the home. The emotional distress of this separation can be especially devastating for children, who can be forced to grow up without their parents. This can lead to severe psychological trauma that lasts a lifetime.
In addition, deportation can also be very expensive for the American economy. When businesses can’t find qualified workers, they can’t operate and compete. This puts the entire economy at risk. Moreover, when individuals are deported, they take with them an average of $237,000 in taxes over their lifetimes. This puts a strain on federal, state and local budgets.
Mass deportations would have a profound effect on the lives of families, communities and our nation’s economy. The stress of possible family separation and enforcement actions at sensitive locations would create a climate of fear and anxiety in communities across the country. The long-term costs, which are difficult to quantify, would be felt by all Americans.
Even if the government could successfully get a removal order against someone, they must wait several years to reapply for admission to the United States. In the meantime, those who are in removal proceedings can try to persuade a judge to allow them to leave the country voluntarily, a process called voluntary departure. This is often very difficult and costly, but it may be a better option than remaining in the United States. For more information, please see our article on deportation and voluntary departure. This is a vitally important topic to understand, and you should discuss it with an experienced immigration lawyer.