What Is Deportation?

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Deportation is the process by which a person who is not a citizen or permanent resident of the United States (green card holder) is detained and eventually ordered to be removed from the country. People are deported for a variety of reasons, including when they violate the terms of their legal status (e.g., if they commit a criminal offense) or appear to pose a threat to the United States’ national security.

When a noncitizen is arrested by a law-enforcement agency and checked against immigration databases, they may be issued a “detainer” that requests that the local LEA continue holding them for up to 48 hours longer than they normally would so that Immigration and Customs Enforcement (ICE) can pick them up. This allows ICE to have more time to detain the person and register them in court for removal proceedings.

However, even if detainers are issued, the local LEA often does not honor them or refuses to comply with them, leaving ICE unable to take the person into custody. Alternatively, the origin state can erect bureaucratic barriers to readmission that make it difficult for ICE to verify the noncitizen’s identity or issue travel documents as part of the removal.

The complexities of readmission to origin countries, and the difficulties that deportees face on their return, make it hard for policymakers to determine how much political capital to allocate to carrying out deportations. In fragile states, taking back emptyhanded and frustrated young men, who are often stigmatized as failed migrants and criminals, may be seen by politicians as risky.

In many cases, avoiding or reducing the need for deportation is essential to preserving human rights. Asylum seekers who are deemed to be vulnerable to persecution in their home countries have an important legal claim, and deportation may therefore be avoided if a state is prepared to offer asylum.

Those who do not qualify for asylum can still be considered for relief from removal, which is also called deportation mitigation. This requires a hearing before an immigration judge. At these hearings, the noncitizen and the government present evidence to the judge to show that they are eligible for relief from removal. If the judge agrees with their claims, they are granted relief from removal and can remain in the United States.

There are a number of ways to get relief from removal and avoid being deported, but it is important to seek help from an attorney as soon as possible.

Before you can be granted a waiver, you must meet certain requirements: You must not have committed any aggravated felonies or other crimes that make you a risk to the safety of the U.S. You must have been in the country for at least seven years, and you must have a green card or other legal permanent residence.

For more information on how to avoid being deported, speak with an immigration lawyer in North Carolina. They can also provide you with advice and assistance in preparing to defend yourself in a deportation case.