What is Deportation?

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Deportation is the removal of a non-citizen from the country where they are living, often to their home country. A person may be removed if they have been found to have violated the law or if they are deemed to pose a threat to public safety and national security. Generally, an individual must be given a hearing before they can be deported. During this hearing, they will have an opportunity to present witnesses and evidence in their favor. If the judge decides that they do not have a strong case, they may be ordered to leave the United States.

In the past, deportation was a harsh punishment inflicted upon people who committed serious crimes such as murder, poisoning, forgery, and embezzlement. They were often sent to remote islands where they were exiled for life. In modern times, a number of countries have a policy of deporting certain individuals who do not have citizenship or a visa. The goal is to deport them away from societies that may not be as welcoming to those from other nations.

The process of deportation starts with a hearing before an immigration judge. During this hearing, the judge will advise you of the official charges against you and ask if you want to admit or deny those charges. Depending on your situation, the judge will then schedule an Individual or Merits Hearing. The Individual or Merits Hearing is where you will have the opportunity to present testimony, evidence, and arguments in your defense against deportation.

During this hearing, the judge will review the facts of your case and hear all sides of the argument. During this time, you will have the chance to hire an attorney who can help you fight for your case. Having an experienced lawyer on your side will increase your chances of a positive outcome in your case.

If the judge decides that you will be deported, they will enter a removal order at this point. You will be informed of this decision and will have the opportunity to appeal the ruling if necessary.

One way that the government can deport someone is through administrative removal, which does not involve a hearing with a judge. This is done if the individual was previously removed and then reentered the country illegally or has been convicted of an aggravated felony.

The deportation system intersects with the criminal legal system through information-sharing programs such as Secure Communities. These programs allow local and state law enforcement agencies to send fingerprints of people who are arrested to ICE for a match with immigration databases. If ICE finds probable cause that the noncitizen is deportable, they will issue a request known as a detainer asking the LEA to hold the person until their deportation or relief hearing.

Brock argues that deporting long-settled irregular migrants ‘effectively amounts to banishment, and counts as a violation of Article 5 of the UDHR, which stipulates that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.’ As a result, he concludes that a case can be made for why the harm of uprooting them is substantial enough to overcome their strong pro tanto claims to remain in this country.