Deportation is the act of sending a person, usually a foreigner, back to their home country. The process is governed by immigration laws and can take many forms. It can happen as part of a mass deportation program like Operation Streamline, during removal proceedings when ICE accuses someone of violating immigration law, if they are apprehended at the border or inside the country, as the result of a criminal conviction, or even after an asylum claim is denied. Throughout history, the term deportation has had a broad meaning that has included banishment, exile, and transportation of criminals to penal settlements abroad.
When a person is deported, they are sent back to their home country, usually to a place they do not remember or have never visited. This can impact not only the person deported, but their spouse, children, parents, and other family members. For this reason, it is important for immigrants to be familiar with the process and understand how it works.
In the United States, deportation is a legal process that happens through a series of hearings in front of an immigration judge. These cases are called removal proceedings. The first hearing is the bond redetermination hearing, which allows noncitizens to see if they have a chance at avoiding deportation by posting bond with a loved one.
If an immigration judge decides the person is removable, the next step in the process is for ICE to file a notice of intent to deport. During this process, the government will outline all the reasons it believes the person should be removed from the United States. The noncitizen will then have an individual hearing that is the equivalent of a trial, where they can present counterarguments to why they should not be deported. This is where having an experienced and knowledgeable immigration attorney is crucial.
During these hearings, the government must prove that the noncitizen is deportable through clear and unequivocal evidence. The noncitizen must also demonstrate that if they are deported, it will cause extreme hardship to their family members who are U.S. citizens or lawful permanent residents.
The final step in the deportation process is for an immigration judge to order that person deported. The person who is deported can appeal the order and even win a stay of removal in an immigration court appeals court, but these stays are rare.
Deportation is a complex and often terrifying process that can have an enormous impact on families, communities, and the economy. The best way to avoid being deported is to make sure you and your family follow all the rules and laws of this country. For more information on how to protect your rights, contact an experienced and dedicated immigration lawyer today. These examples have been automatically selected from a number of online sources. They may contain sensitive content.