Deportation is the formal removal of a non-citizen from the United States to their country of origin. The government can remove people if they have violated immigration laws, including entering the country without permission or overstaying their visa. They can also be removed for criminal convictions, especially those involving moral turpitude. Deportation can have severe consequences for a person and their family.
The government may attempt to deport an individual through expedited removal, a process where they don’t need to see an immigration judge or go through the regular hearing process. However, this process is not always available to those who need it the most.
Regular removal proceedings, or deportation proceedings, are a series of steps overseen by an immigration judge that can – and often do – result in an order to deport the person. A deportation order can bar a person from returning to the United States for several years or forever, even if they have family members who live here. It is important to work with a qualified, experienced immigration attorney to protect your rights during these proceedings.
During the normal deportation proceedings, an immigration judge will review evidence and hear arguments from both the person seeking to be deported and their lawyer. The judge will decide whether to deny or grant the request and issue a deportation order. A negative decision can be appealed to the Board of Immigration Appeals and, if necessary, to federal court.
If an immigration judge orders someone deported, they must be physically removed from the United States, unless they agree to depart voluntarily. People who are removed from the United States are usually sent back to their countries via ICE flights. People from Mexico are often flown to a border city and then bussed across the border, while those from Central American countries are flown directly to their home nations.
People who have been ordered deported can still apply to return to the United States, but it is a very difficult and lengthy process. An experienced immigration attorney can help a person understand their options and work to get them back into the country on a path towards citizenship.
A person’s attorney can argue that the government has not met their burden of proof in proving that they should be deported. They can provide evidence like affidavits from witnesses who can attest that the person is of good character. They can also present a case that a deportation would cause extreme hardship for a lawful permanent resident or U.S. citizen spouse, parent or child.
Deportation changes the lives of millions of individuals, and can be a devastating blow to families. The skilled attorneys at Scott D. Pollock & Associates, P.C. have extensive experience defending people against deportation, including in expedited and regular removal proceedings. To learn more about how we can help, contact us today to schedule a free consultation with a lawyer. We are committed to ensuring our clients’ rights are protected throughout the entire process.