Deportation is the expulsion by government agency of a noncitizen whose presence in a country is deemed unlawful or detrimental. Historically, it has also included the forced removal of native peoples by colonists. More recently, it has been used by governments to enforce immigration laws. The term is most commonly associated with the Trump administration, whose policies have been widely viewed as hostile to immigrant rights.
Brock’s argument combines three elements: First, it asserts that states must show that the cause they pursue in a particular case is compelling enough to outweigh the harms that will be inflicted on individuals who are removed. Second, it argues that the actual enforcement of the policy must inflict only such harms as are proportionate to the state’s interest. Finally, it argues that the state’s actions must be consistent with an ethos conducive to respect for human rights, including the right to self-determination and dignity.
If a noncitizen is subject to deportation, he or she will receive a Notice to Appear. The first hearing is called a master calendar hearing, which takes place at an immigration court under the Executive Office for Immigration Review (EOIR). It is at this stage that an immigration judge will decide whether to remove the individual from the United States. The grounds for deportation include violations of immigration law, certain criminal convictions, and activities that threaten U.S. national security or public safety, such as domestic violence or drug trafficking.
Once an individual is in removal proceedings, he or she can challenge the case by applying for relief from deportation. This can involve filing petitions and attending hearings. It is important to have an experienced immigration attorney assist in the removal process because it can be complicated. The ICE website provides more information about the process.
If the noncitizen is able to prove that one of the grounds for deportation does not apply, the immigration judge may grant him or her relief from deportation. Alternatively, the judge may choose to order deportation if he or she finds that the noncitizen has no realistic basis on which to claim relief. Once the removal order is finalized, the noncitizen will be removed from the United States. Deportation is a serious matter and can have a lasting impact on future immigration options. Therefore, it is important to contact an experienced immigration attorney immediately if you are being deported.