Deportation is the expulsion by executive agency of an alien whose presence in a country is deemed unlawful or detrimental. Historically, it has also had a broader meaning of banishment and transportation to penal settlements. Regardless of its precise meaning, the concept is very real for many non-citizens in Chicago who are facing deportation proceedings (also known as removal proceedings). Deportation is a complicated and serious issue with significant implications for those involved. As such, it is strongly recommended that those who are facing deportation work with an experienced Chicago immigration lawyer who can help to guide them through the process.
When the federal government decides it is time to deport an immigrant, it initiates removal proceedings. These are a series of actions overseen by an immigration judge that can, and often do, result in the immigrant being ordered to leave the United States. Once an immigrant is deported, they may not be able to return for several years, or at all.
A variety of things can trigger the initiation of deportation proceedings, including breaking the terms of a visa or green card, committing certain criminal offenses, or otherwise violating immigration laws. In addition, the government can begin deportation proceedings if it determines that a person would pose a danger to national security or public safety.
Individuals in the midst of deportation proceedings are subject to short hearings that determine how their case should proceed. The first hearing is the Bond Redetermination Hearing, which allows individuals to request that they be released from custody on a bond. ICE, represented by a government attorney, must either agree that the individual is eligible for bond or dispute this claim by providing evidence that the individual is a flight risk or a danger to the community. If the individual is denied bond, they will be incarcerated until their case concludes.
During the course of a deportation proceeding, the immigration judge will review any evidence and make a decision on whether to order the person removed from the country. There are a number of grounds that can be used to justify removal, such as a conviction for an aggravated felony or a crime of moral turpitude. The most common grounds are however, based on conduct.
In order to protect their rights, it is important that people who are being considered for deportation attend all hearings and work with a dedicated and knowledgeable immigration lawyer. Non-citizens who are unable to afford an immigration attorney can still fight for their rights by filing a notice of appeal. Generally, an order of deportation will not take effect until the appeals period has ended and the immigration judge issues a final order of removal.
As the deportation system continues to evolve, it is crucial that non-citizens understand their rights and work with a knowledgeable immigration attorney. To learn more about how an experienced immigration attorney can help you, please contact us to schedule a consultation. We serve clients throughout the greater Chicago area, as well as across Illinois.