Deportation is the legal process by which a foreign national who has been found to be inadmissible or deportable to the United States, or who has committed a criminal offense that makes them inadmissible, is forced to leave the United States. It is also called removal or expulsion (25, 26).
Why Is Deportation So Common?
Deportations are a large part of the immigration enforcement system and have been increasing in numbers for years. Weakened legal protections and increased funding for immigration enforcement operations fueled an unprecedented surge in deportations in the 2000s and 2010s.
Despite this, most people who have been deported were not actually illegal immigrants, but instead long-term residents of the United States. Some of these people were even married to U.S. citizens and had children who were also citizens.
The consequences of deportation can be severe, especially for family members. These can include separation and loss of financial support, as well as the impact on a child who has been separated from their parent.
In many cases, deportation is a violation of the human rights of long-settled migrants. As Brock explains, these migrants often face “a series of harmful effects from deportation” including splitting up mixed-status families, disenfranchising local communities, and a violation of the right to a fair hearing.
These consequences can have long-term impacts, such as putting strain on health care systems and public safety, as well as affecting social, economic, and cultural life. In addition, they can affect U.S. policy, as the long-term effects of deportation on immigrants can have an effect on local and state policies.
What Are The Steps in the Deportation Process?
In the United States, removal proceedings usually begin with a deportation hearing before an immigration judge. This hearing lasts as long as necessary to hear all the evidence and make a decision on the case. If the judge makes a negative decision, then an order of removal will be issued that becomes final as soon as the time for appeal has run out.
While deportation can be devastating, there are some things you can do to avoid it or to improve your chances of being allowed to stay in the United States. The first thing you should do is speak to an immigration lawyer as soon as possible.
Another way to avoid deportation is to ask the immigration authorities to consider a waiver of removal. This is a good idea for some people, but it is important to know the legal limits of this option.
The second way to avoid deportation is by going through the expedited removal process. The process of expedited removal involves a shorter deportation hearing, but it will still result in an order of removal. This procedure is used for some people who have a strong defense to removal, but the law is complicated and you should consult with an attorney.
The third way to avoid deportation is to voluntarily leave the United States. Sometimes this can be done without the need for a court hearing, and it can be a good way to get out of the country if you are facing serious criminal charges. However, it is important to remember that this process can be very stressful and you should always have a lawyer with you.