Deportation is the act of deporting a person. It can also be called expulsion, though the former is more commonly used in international law. Deportation has its origins in national law. People are generally deported after having committed a crime, such as terrorism. It is one of several legal methods used by governments to reintegrate a person into society.
The process of deportation was first used in Roman law as a punishment for political criminals, although it was used in the Middle Ages to punish wealthy citizens and other suspects. The punishment included confiscation of property and the loss of citizenship and civil rights. In the 15th century, Portuguese governments began deporting convicts to South America. Some of these convicts became some of the earliest settlers of Brazil.
The United States government can cite several reasons for deportation, including visa violations, criminal activity, and forged documents. The process typically begins with an arrest and may involve confinement in a detention facility. The next step is a notice to appear in federal immigration court where the deportation process will be discussed.
In some cases, deportation can be expedited. ICE can expedite a removal if the individual has no documentation and has been in the country less than two years. If a person has lived in the country for more than two years and has been arrested within 100 miles of the border, they can apply for expedited removal. If their removal order is based on an inaccurate document, the individual may file a petition to cancel it.
The deportation proceedings begin with a master calendar hearing, during which the individual must either admit or deny the charges. The immigration judge will hear testimony and determine whether or not the individual should be deported. If they fail, they will be placed in ICE’s custody until the removal proceedings are completed.
Deportation proceedings can be lengthy. They can be quick, or can take months to complete. The process can be a stressful and difficult time for those involved. However, there are many legal avenues available for an individual who is facing deportation. If you or a loved one is facing deportation, you may want to consider hiring a professional immigration attorney.
Immigration courts can also reopen your case after a deportation order. However, the immigration judge must decide whether or not there was an error in law or if new facts have been discovered. If the judge decides to reopen the case, you must file an appeal in the federal court system.
Once you’ve been deported, you’ll have to go through several processes before you can go home. The first step is to request a hearing. This process usually takes a few days. You must be very careful and follow the immigration laws to avoid deportation. The court will decide whether to grant your request or deny it.