Expulsion and deportation are synonyms, but deportation is used more often in national and international law. In some jurisdictions, a person may be forced to leave their country and return to their country of origin or place of birth. The word “deport” has two different meanings, depending on the context. In the United States, a person can be forcibly removed from his or her home if he or she violates federal immigration laws.
Deportation may be the only option for illegal immigrants in the United States. The removal process requires a legal procedure and due process. In most cases, people in the U.S. illegally are arrested and incarcerated. ICE, the Immigration and Customs Enforcement agency, investigates alleged unlawful immigrants and carries out immigration enforcement activities. The immigration court system is part of the Department of Justice and the Executive Office for Immigration Review (EOIR). There are judges who decide the legality of the deportation proceedings, which are similar to administrative law judges in other government agencies.
After an immigration court orders a deportation order, the individual must attend a master calendar hearing. In this hearing, an immigration judge and his immigration attorney review the charges against a person and determine if the person is eligible for relief from removal. People who cannot prove they are eligible for relief may be ordered to return to their country of origin. If the person is deported, they may be required to pay a fine or face deportation.
Once a person is arrested, they must appear in a merits hearing to present their defense. They can either testify in front of a judge or provide evidence of their innocence. In most cases, people who are deported to the United States by ICE must be flown directly to their country of origin. There are also separate procedures for the removal of immigrants from Central America. Further, federal immigration law requires that a person facing deportation be transported directly to their country of origin.
During a master calendar hearing, a person must admit or deny the charges against him. This hearing allows the respondent to present a defense strategy. He can also testify on his own behalf. The immigration officer will question him in order to determine whether the charges against him are true. The lawyer will be able to introduce exhibits and sworn statements to support his defense. If the deportation proceedings do not end in the removal order, the person may still be able to apply for relief.
The process of deportation can be lengthy and complex. It may involve multiple stages. Some people are deported if they have misrepresented material facts in their application for admission to the country. They may also be deported if they commit a crime or fail to comply with the immigration laws. If they are caught in the process of deportation, they are subject to arrest and deportation. But there are ways to make the process easier and more comfortable.