Deportation is the removal of a person from a place. It is a legal term that is often confused with expulsion. Although the terms are similar, they are used differently in national and international law. Expulsion is more commonly used in international law than in national law. However, both terms have significant legal implications.
Deportation can occur for many different reasons. For example, someone who has committed a crime or broken immigration law may be ordered to be removed from the country. People who have been convicted of aggravated felonies may also be targeted for deportation. Regardless of the reason, deportation affects millions of people in the United States and their families.
Immigrants who are facing deportation must make sure they have all the documentation needed to legally remain in the country. If they haven’t, they may have to undergo the expedited removal process. This option is only available to people who haven’t had time to file the appropriate documentation. Moreover, the process is often very complicated.
A person who has been deported can apply to return to the country, but they must have a legal basis to be able to get a green card or visa. People who have been deported because of a criminal conviction can also be eligible to apply for a reentry visa. In addition to that, a person must also be able to show a threat to national security or a significant number of other factors.
The stepped up deportation program of President Obama and the Department of Homeland Security is meant to address serious crimes committed by immigrants. While these crimes are rare, immigrants are at higher risk for deportation. However, immigration advocates are urging the incoming Trump administration to get tough and scrap the list of crimes that should be considered serious enough to warrant deportation.
Immigration hearings can last hours or days, depending on the nature of the case. An immigration judge will decide whether or not to grant an individual’s appeal or impose an order of deportation. If the judge finds against the appeal, the individual has the right to appeal to the Board of Immigration Appeals or even the Supreme Court. But the appeals process can take months and an individual must remain in the jail during this time.
While deportation is a legal term, its practice has a darker history. During the Revolutionary period, France initiated the deportation of political prisoners. This practice was practiced until the end of the twentieth century. The practice was criticised for the prison conditions on the French Guiana islands. Peter I of Russia also ordered political prisoners to be sent to Siberia, despite their age and language skills.
Deportation can also result from marriage fraud. In such cases, it is important to apply for a waiver. Even if an immigration officer found no evidence to support the marriage, the alien may still need a waiver.