What is Deportation?

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Deportation, also known as removal or ejection, is the process by which an individual is expelled from a country. The process varies depending on where the person was born, their citizenship status, what type of visa they had, if there are any criminal convictions and whether or not there are security concerns.

If an individual is placed into deportation proceedings, they will receive a notice to appear (NTA) that sets a date for the evidentiary hearing. This is a crucial step in the process where the government will present its case against that individual. During this hearing, individuals have the opportunity to defend themselves and challenge the government’s case. They may use evidence, witnesses and testimony to prove that they should not be removed from the United States.

The government must prove that an individual is removable by clear and convincing evidence. They must show that the person has committed one or more serious crimes and/or that they pose a threat to public safety. Crimes such as robbery, homicide, sex crimes and drug trafficking are some of the most common types of deportable offenses.

People can be removed from the United States for many other reasons, including overstaying their visa or immigration status and providing false information on their visa application. They can also be removed for entering the United States without a visa or for forging a passport to enter the country. Those who are within 100 miles of a border may be subject to expedited removal, where they will not see an immigration judge.

After an individual is deported, they will remain outside the United States for a certain number of years, usually a minimum of five. They can try to re-enter the United States at a later time, but will have to wait until the appropriate amount of time has passed.

Many of these people are ripped from their families, friends and communities. Their deportation can create significant economic hardship for those left behind, as well as psychological distress and emotional turmoil. It can even lead to substance abuse and homelessness for some.

As the Trump administration continues to expand and deepen its deportation policy, it is vital to understand how this can affect people and their families. It is critical to seek legal help if you are facing deportation or need to defend someone you love from it.

There are also steps you can take to fight your deportation, including the right to appeal a ruling by an Immigration Judge. If you have already been deported, you may be able to get a waiver that would allow you to return to the United States after waiting the appropriate amount of time. Lastly, if the ruling is remanded to the Immigration Judge by the Board of Immigration Appeals, you can request a new hearing and possibly reverse the decision. To learn more about how to avoid deportation, or if you need help defending yourself from it, contact an experienced attorney for a consultation.