Deportation is the process by which the federal government removes a noncitizen from the United States. The Department of Homeland Security, through Immigration and Customs Enforcement (ICE), can formally remove a person from the country for a variety of reasons, including serious crimes and violations of immigration law. If you’re facing deportation, you should consult with a qualified immigration attorney to determine your options and defenses.
The deportation process is complex, and many people who find themselves in removal proceedings have no idea how to fight it. They may believe they’re going to be automatically sent back to their home country, even if they have lived here most or all of their lives and have deep roots in the community. Deportation can be devastating, both emotionally and financially, and can break up families. This article will help people understand the deportation process so they can protect their rights and seek relief from deportation.
How to Avoid Deportation
The first step in the deportation process is when ICE formally accuses the noncitizen of being removable. This can occur in various ways, such as when a noncitizen applies for a benefit and the government denies their request or when they’re arrested and police check for an immigration hold.
After a noncitizen is formally accused of being deportable, they must attend one or more hearings before an immigration judge. During these hearings, the judge can decide whether to order removal or grant relief from removal. The person can also be offered the option of leaving voluntarily without a removal order.
During these hearings, the government must prove that they have grounds to deport the person. This is done through evidence presented in the form of a case summary and through testimony by a government representative. The noncitizen has the opportunity to present their own evidence and testimony to the judge as well.
In the past, deportation was often referred to as exile or banishment, and in fact, this is what it originally meant. It was a way to punish political criminals by transporting them from the country for a certain period of time or indefinitely, usually to a penal settlement abroad.
Deportation is now generally considered a harsh punishment that breaks up families, destroys communities, and takes people away from their loved ones. It can leave behind children who are then left without parents, spouses and partners, and other family members. It can also deprive immigrants of their career and education opportunities, and it can cause significant hardship to people’s lives and their families. However, despite the negative effects of deportation, there are ways to protect your rights and fight deportation. The most important thing is to be prepared and get the right legal advice as soon as possible. Contact us today for a consultation with one of our attorneys. We can help you understand your options for relief from deportation and fight to protect your rights and your family. We offer free initial consultations and we only charge if you win your case.