Deportation is the legal removal of a foreigner from a country due to violation of immigration laws. In the United States, Immigration and Customs Enforcement (ICE) handles the deportation process. People can be subject to deportation if they are found to be in the country illegally, have committed certain criminal offenses, or pose a threat to public safety. People who are removed from the country are typically banned from returning for a specified period of time.
The deportation process can be difficult for families and individuals, especially children. One study showed that children whose parents were deported experienced a range of negative consequences, including emotional distress, academic problems, and negative perceptions of the world around them. Children who had undocumented parents in mixed-status households were particularly hard hit by deportation. In fact, they had significantly lower self-concept and perceptions of happiness than children whose parents were not deported.
In the past, the practice of deportation was used as a form of punishment for criminals who had committed crimes of moral turpitude or aggravated felonies. For example, a criminal might be sentenced to deportation after being convicted of murder, rape, fraud, or embezzlement. The convict would be sent to another part of the world and, in some cases, his or her property might be confiscated. This form of punishment was abolished in the 1850s after a series of protests about the inhuman conditions under which criminals were transported to colonial Australia and other parts of the world.
Deportation is a complex and controversial issue. In addition to the practical implications for families and communities, there are also broader political and social issues that surround the process. For example, deportations often send poor migrants back to former colonial territories. This can create tensions between destination and origin countries. Additionally, immigration policies sort individuals into desirables and undesirables, and the removal process expresses this dynamic in a visible way.
When someone is subject to deportation, he or she may be held in detention while the case is being handled by an immigration judge. This person will receive a Notice to Appear (NTA), which details the alleged grounds for deportation. The noncitizen will have a chance to argue against the grounds for deportation and request an individual hearing.
During the individual hearing, the immigration judge will review all the evidence and make a decision. If the judge rules that the noncitizen should be removed from the country, he or she will issue an order of removal. The individual will have a limited amount of time to appeal the ruling before it becomes final.
The individual can also request a review by the Board of Immigration Appeals and have his or her case heard through the federal courts. However, these appeals are complicated and the chances of winning are slim. Therefore, it is important to contact an experienced deportation attorney right away. An attorney can help you with the entire process and increase your chances of staying in the U.S.