Deportation is the forced removal of a person from their current country, often to their place of origin. Deportation can happen if an immigrant is found to be in the United States without lawful status, has committed a serious crime, or violates other immigration rules. Deportation is a harsh remedy that can affect entire communities and families. If you are facing deportation, it is important to work with an experienced attorney.
What Does It Mean to Be Deported?
Deportation occurs when a person is ordered removed by an Immigration Judge. The person is then sent back to their country of origin or other home country where they are a legal resident. Depending on the circumstances, the person may be deported by air or by land. Usually, the person will not be permitted to return to the United States for several years or ever.
How Does the Deportation Process Begin?
Deported people must be encountered by ICE officers, local or state law enforcement, or USCIS and identified as someone who is removable. The officer or agency will then notify the Department of Homeland Security (DHS), which makes a decision about whether to deport the person. There are two types of deportation proceedings: expedited removal and regular removal. In expedited removal, you do not see an Immigration Judge. In regular removal, you do see an Immigration Judge.
When you are placed in removal proceedings, the government will send you a notice called a “Notice to Appear.” This is an important document that tells you what you need to do at your first hearing. The first hearing is called a master calendar hearing and it is where the Immigration Judge will review the facts of your case, determine whether you have any grounds for relief from removal, and set the date for your next hearing.
The DHS can also choose to deport an individual without going through the normal procedure of hearings and appeals if they are a criminal threat or a danger to national security, have a serious felony conviction, or are in the country illegally. In the past, DHS has used this discretion to deport large numbers of people, earning them the nickname of “deporter-in-chief.”
Brock, who has worked on immigration issues since 2000, argues that, even when there are good reasons to uproot a person, it is “rarely right” to do so. Uprooting people after they have established ways of life in their new homes would typically cause “considerable hardship and disproportional harm to those with whom they have formed significant relationships.”
Under the previous administration, officials deported 1.1 million people, primarily those arrested at the border. A second Biden term is likely to focus on continuing to prioritize deportations of migrants arrested in the US interior and those who have a criminal record. It is also likely to increase emphasis on the use of criminal enforcement at the border and expand the controversial worksite raids that were used under the Trump administration.