Deportation is the process of returning a foreign national to their country of origin. Individuals may be deported for a variety of reasons including being found to have committed criminal acts, a lack of proper documentation, or having violated immigration law. Deportation can have severe consequences for families and communities. For example, the deportation of undocumented immigrants could lead to increased costs for education, health care, and housing. In addition, deportation can result in strained familial relationships.
The process of deportation can be lengthy and complex. An individual who is in removal proceedings will have several hearings before being deported. The first hearing is a Master Calendar Hearing where the government will present their case against the individual. The individual will then have an Evidentiary Hearing where they can defend themselves by presenting witnesses and evidence to counter the government’s claims.
A person can be deported for violating immigration law, such as entering the United States without authorization or committing a crime that is considered to be of “moral turpitude.” Other reasons include being convicted of a serious crime or being in the country illegally for extended periods of time. Once the individual is in removal proceedings, they will receive a notice to appear from the Department of Homeland Security. This is where they will be told what the government’s claim against them is and how much time they have to prepare a defense.
During removal proceedings, individuals can ask to have a bond hearing. If they are granted bond, a family member can post the amount of money to have them released from custody. During this hearing, the immigration judge will assess the risk of the individual and determine if they are eligible for bond. During this hearing, the noncitizen can also request relief from removal and argue that they should be allowed to stay in the United States.
After the judge has made a decision, they will issue an order to remove the individual from the United States. This will be sent to the ICE office that is responsible for processing the deportation. Once the ICE office processes the order, they will then transport the individual back to their home country. Most people who are removed from the United States are deported to countries in Latin America. However, they can be deported to other places as well.
In a recent article, Brock argues that it is important to consider the harms that are caused by deportation before considering whether it is legitimate state action. She writes that deporting long-settled irregular migrants threatens to split up mixed-status families, and it is unduly disrespectful of the localized nature of making life plans – an essential human need.
The vast majority of deportations are ordered by immigration judges, who must weigh the risks and benefits of a removal order. When the judge does decide to deport an individual, it must be based on clear and convincing evidence. If an individual is denied relief from removal, they can appeal the decision to a federal circuit court and, ultimately, the Supreme Court.