Deportation is a legal term that means “removal from one’s country.” This word is often used in conjunction with expulsion, although the former is often used in international law and deportation is more common in national law. Often, deportation is carried out when a person cannot live in a country that he or she has a legal obligation to maintain.
People accused of illegal entry usually begin a lengthy legal process that could end in rapid deportation or release. The process generally begins with an arrest, and individuals may be arrested by local or federal law enforcement agencies and transferred to U.S. Immigration and Customs Enforcement (ICE) custody. This process can take anywhere from two to four months, depending on the case.
There are many reasons that an immigrant may face deportation, including criminal offenses, visa violations, and forged documents. The process begins with arrest, and may continue through a detention center or a notice to appear in federal immigration court. A deportation hearing is usually scheduled soon after the arrest is made, and the deportation can be delayed while the case proceeds.
There are a few important rights that non-citizens can assert when facing deportation. First of all, they are entitled to a hearing. Moreover, they have the right to appeal their deportation case. In addition, they are allowed to hire an attorney. In the event that they cannot afford a lawyer, they can choose a voluntary departure.
During the Revolutionary period, France initiated the practice of deportation. The practice was still used in the 1920s, but became controversial because of the poor conditions of prisons on the French Guiana islands. However, it was not long before Peter I the Great of Russia sent political prisoners to Siberia. Eventually, the practice was discontinued.
The next step in the process is the master calendar hearing. At this hearing, the immigration judge will review the charges and your eligibility. If you can pass the hearing, your case may be approved. Otherwise, your case will be rejected. If you lose the hearing, you have 30 days to appeal. However, the appeals process can take months or even years, depending on the complexity of your case.
If you have been deported, it’s important to know your rights and legal options. If you are eligible, you may be able to apply for asylum. In many cases, you will have to wait a few years or apply for a waiver. Then, you may be able to apply for lawful status in the United States.
An illegal alien can be arrested for an immigration violation or for another crime. Local police may share this information with ICE. In some cases, local police can hold an illegal alien in custody for up to 48 hours before transferring him or her to ICE. If the illegal alien has only been living in the U.S. for a couple of years, the process is not as lengthy. The individual in removal proceedings is then given a Notice to Appear (notice). This document lists the reasons that the government believes the individual should be removed. It can be served by an immigration officer or delivered through the mail. The notice is typically served 10 days before the alien must appear in court.