Deportation is the process of sending someone back to their home country, often because they have violated specific laws or committed certain criminal acts. Deportation proceedings are handled by the Department of Homeland Security and its law enforcement divisions, including Immigration and Customs Enforcement (ICE). The deportation process has several steps that are important in determining whether a person is to be removed from the United States.
The first hearing in a deportation case is known as an evidentiary hearing. During this hearing, a federal immigration judge will hear evidence about the case from both sides. The government has the burden of showing that the individual is removable from the United States by clear and convincing evidence. The individual can present witnesses and other evidence to help them prove that the government’s version of events is false.
If the immigration judge feels that the person is not a threat to the community, they may release the individual on bond during this hearing. Otherwise, the person will remain in custody until their deportation case is completed.
In addition to the evidentiary hearing, individuals in deportation cases can have a variety of other hearings. These include bond and cancellation of removal hearings, hearings to determine if a person should be released from custody, and administrative hearings that can affect the outcome of a deportation case.
During the Trump administration, there was an increased focus on removing people from the country, with ICE arresting large numbers of individuals during immigration raids and holding them in detention centers. This increased focus on deportation has led to a number of problems. Some of these problems involve the way people are treated during the deportation process. Others concern the effect that deportation can have on family members and communities in the United States.
Many of the individuals that are removed from the country during this time were not criminals, and most of them have family members who are U.S. citizens or permanent residents. This has lead some to believe that the deportation policies of the Trump administration are racist.
In addition, there are some individuals who have a strong argument that they should be able to stay in the United States because they have a good moral character throughout the 10-year period of being here (this can be proven through documents like affidavits from friends and family members). Those who are deported from the United States have the option to leave at their own expense, which is sometimes known as voluntary departure.
If you are facing deportation, it is important to consult with an experienced attorney as soon as possible. They can advise you on the best strategy for your case and provide the necessary assistance with preparing and presenting your evidence in court. They can also assist you with filing an appeal of the deportation ruling. They can also advise you on how to find legal services and nonprofit legal organizations that might be able to assist you with your deportation case.