Deportation is the process of removing an immigrant from the United States. Deportation is generally a lengthy and cumbersome process that involves an arrest, detention, a removal order from a judge, and a flight out of the country. However, in some cases, immigration officials can expedite the deportation process without a judge’s approval.
Generally, noncitizens who commit criminal activities are more likely to be subjected to deportation than other categories of individuals. This may be because criminally convicted noncitizens typically have fewer options for immigration relief. In addition, the Trump administration’s immigration policies have focused on enforcing criminal laws and excluding people who violate U.S. civil rights and other laws from the country.
In addition to the impact on families, mass deportation would have broader social consequences. For example, removing unauthorized residents from jobs in essential sectors of the economy could result in labor shortages and reduced economic output. Furthermore, many Americans live in “mixed-status” households, where one or more family members are unauthorized and the others are U.S. citizens or legal permanent residents. Mass deportation would disrupt these communities and cause immense stress for children.
If a noncitizen has an order for removal from the United States, he or she can challenge the deportation decision by filing a petition for asylum, waiver, cancellation of removal, or change of status with the Executive Office of Immigration Review. If the deportation petition is denied, the noncitizen can appeal to the Board of Immigration Appeals or federal district court.
The immigration courts supervise the deportation proceedings, and judges must follow the law when evaluating petitions for exceptions. The judge will determine whether the noncitizen is eligible for relief, and if so, a hearing is set to consider the merits of the case.
After the hearing, the judge issues an order approving or disapproving the petition for relief. The judge will explain the reasons for his or her decision, and the noncitizen will then be removed from the country if the petition is denied. Alternatively, the judge may grant the petition if the noncitizen is able to demonstrate that deportation would cause “extreme hardship” to a close relative who is a citizen or legal permanent resident of the United States.
If you are facing deportation or have concerns about the immigration laws in your state, contact Rosina C. Stambaugh. She can help you understand your legal options, prepare an effective strategy, and fight for your rights in court. She is experienced in immigration law and has successfully represented clients facing deportation, re-entry bars, and other removal actions. She can help you protect your family from harm and achieve your goals for the future. To schedule a consultation with her, call 410-651-1600 or send an email. Her office is located in downtown Baltimore. She also handles cases in Washington, D.C., and other locations throughout Maryland. She is fluent in English and Spanish. She is committed to providing compassionate and respectful representation for all of her clients.