Deportation is the process of expelling a person from the United States for violating immigration laws. The government can cite a variety of grounds for deportation, including crimes, violation of visa law, inadmissibility, and more. It is important to work with an immigration lawyer to help ensure that you don’t get deported.
If an alien has been ordered to be removed, they have the right to a court hearing. They can also have witnesses testify on their behalf. During the court hearing, the alien will have the chance to defend themselves against the removal. This hearing can last as long as needed. In some cases, the judge will issue a decision after the hearing is over.
If the alien is an illegal immigrant, the Immigration and Customs Enforcement (ICE) will arrest and detain them. ICE will then serve a Notice to Appear to the alien. The alien then has 10 days to appear in court. ICE will then refer the alien to the Executive Office for Immigration Review (EOIR). EOIR is the final decision maker in most cases.
Non-citizens who have been lawfully admitted to the U.S. have the right to an appeal to the Board of Immigration Appeals. However, if the immigrant fails to appeal within the time allowed, the order to remove the immigrant becomes final.
Aliens who have been subject to removal proceedings can appeal to the federal court system. The court will then decide if the alien is able to return to the United States. However, individuals who have been deported can only re-enter the country legally if they have a basis for a green card.
Immigrants who have committed aggravated felonies or a crime of moral turpitude are at risk of being deported. Individuals with a credible fear of persecution may qualify for asylum. Those who are convicted of a crime of violence, domestic violence, or controlled substances may also be referred to the immigration courts.
Aliens can also be subject to a deportation proceeding if they engage in subversive activities. These actions are listed as grounds for deportation in Section 237 of the Immigration and Nationality Act.
Generally, if an individual is deported, they are not permitted to re-enter the country. They are also forbidden from transferring or bribing government officials to gain access to the country. Additionally, the Occupying Power is prohibited from deporting civilians into its territory.
Depending on the situation, a deportation can last up to several years. There are a variety of reasons for deportation, but in most cases, the person will be sent back to their country of origin.
Immigrants with prior removal orders are also likely to be deported immediately. ICE will prioritize removing illegal aliens with criminal backgrounds. Even if an individual has no prior convictions, they can still be deported. As a result, it is important for immigrants to avoid problem category convictions.
Ultimately, the only way to prevent deportation is to not commit a crime. If you are arrested for a crime, you will have a chance to appeal to an immigration judge. Afterwards, a judge can either release the individual or re-arrest them. Regardless, the immigration process is very complex.