What is Deportation?

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Deportation is a legal term that refers to the removal of someone from one country to another. It is synonymous with expulsion and is used more frequently in international law than in national law. In the United States, deportation is most commonly applied to a person who has committed a crime. But it can also apply to non-citizens, as long as they are not considered a danger to the country or to the public.

The government has several grounds for deportation, including a visa violation, a crime, forged documents, or a conviction for a felony. The process often begins with an arrest, followed by a stay in a detention center, and eventually a notice to appear in immigration court. At this point, it’s essential to seek legal representation, as an immigration attorney can fight deportation proceedings in court and ensure that your rights are protected.

The legal basis for deportation differs from country to country. In most cases, the deportation process involves returning aliens to their home country after they commit a crime or engage in subversive activities. However, deportation can also be used to separate families. It can also be a result of a denial of an asylum claim.

If an illegal alien has committed another crime, the ICE can arrest them at any place, including a courthouse. After the arrest, the ICE will decide whether to take the alien into custody and pursue removal proceedings. In some cases, people who have been in the country for less than two years may be eligible to be deported through an expedited removal process. This process is different from the traditional immigration court process. In the case of an expedited removal, the ICE provides a Notice to Appear, which details why the government believes that a person should be removed from the country. The individual will be given 10 days to appear in court.

Deportation dates back to the Roman era and continued throughout the Renaissance. Initially, it was reserved for political criminals, but later it was also used for wealthy individuals and to punish individuals suspected of crimes. It was accompanied by the confiscation of property and the loss of citizenship and civil rights. Deportation also began in the 15th century, when Portugal deported convicts to South America, which became some of the earliest settlers in Brazil.

Deportation affects many aspects of a person’s life. For example, if the deportation was a felony, the deportee will most likely be barred from returning to the U.S. for five, 10, or even 20 years. While some people are eligible for a waiver, others will be permanently barred from entering the country.

Immigration officials can also detain an alien if they are deemed a danger to the public. Depending on the circumstances, an alien may be eligible for a bond or release on their own recognizance. Detained aliens are usually held in immigration detention centers or contracted prisons. They can also volunteer to leave the country on their own terms. However, these voluntary departures are subject to strict guidelines and can take two to four months.