Deportation is the forced removal of an immigrant from a country. It is a form of expulsion that can be applied to anyone whose presence in a country violates its laws or is deemed detrimental to its interests. Deportation is a significant and severe punishment, and it can have devastating consequences for those affected by it. In addition to the individual suffering, families and communities are also impacted. Deportation is often based on a person’s criminal convictions and can be motivated by security or public safety concerns. It can also be based on the fact that a person has entered the country without proper documentation, has misrepresented information to obtain entry or has been found to be a fraud on the government or in immigration proceedings.
In order to justify deportations on the necessary grounds, a state must show that the cause pursued by deportation is compelling enough to outweigh the harm that it inflicts on the individual and on those close to her. The significance and intensity of that harm will vary depending on a number of different factors, such as the length of time the individual has been well-settled in the country, her health and wellbeing, her family connections to the country of her return, and her level of integration.
The impact of deportation can be particularly acute in households with mixed-status members, as the expulsion of one member will have knock-on effects for all other people living in that household. This is a major reason why the US government places particular emphasis on the deportation of undocumented immigrants in mixed-status households.
A person’s immigration status can have a major impact on the time it takes to process their case. Some people may be subject to what is known as expedited removal, which can happen very quickly if they have entered the country without proper documentation or have misrepresented their status in an application for entry into the country. This is most likely to happen to people who are apprehended within 100 miles of a US border and to those who are found to have committed certain crimes, such as drug offenses or aggravated felonies.
People in this situation might be deported from the country at their own expense on a flight arranged by the US government. Others might have to wait for a court ruling and an immigration judge to approve their deportation, which can take years. In many cases, people who have been ordered to be deported will have the right to appeal that decision.
Finally, if a person is not deported, they might be able to leave the US on their own terms by applying for voluntary departure. This is a complex process and can be done with the help of a nonprofit legal service provider. People who are in this position should always seek legal advice before making any decisions about leaving the country. This guide explains what it means to apply for voluntary departure, and how to do it.