What is Deportation?

Deportation refers to the formal removal of a foreign national from the United States. In most cases, foreign nationals are deported when they violate U.S. immigration laws such as entering the country without proper authorization, remaining in the country beyond the period they were authorized to do so, and violating the terms of their visa. Moreover, deportation may occur when a foreign national carries out certain criminal acts or is considered a threat to public safety.

Key Takeaways

• Deportation is the formal removal process of a foreign national from the United States.
• Individuals are typically deported for violating U.S. immigration law.
• Non-citizens facing deportation generally have a number of critical rights, including the right to due process.
• The duration of the deportation process can vary widely depending on several factors, including the individual's specific circumstances, the complexity of their case, and the efficiency of the immigration court system.

The Deportation Process

The deportation process is complex and involves several important stages. The process typically goes as follows:

1. Notice to Appear: The deportation process is typically initiated when Immigration and Customs Enforcement (ICE) or another U.S. immigration authority issues a Notice to Appear (NTA). 
2. Detention: During the deportation process, some individuals may be detained, especially if they are deemed a flight risk or danger to the community. 
3. Master Calendar Hearing: The Master Calendar Hearing is the first hearing before an immigration judge. In this hearing, the individual is informed of the charges against them and is given the opportunity to admit or deny them.
4. Individual Hearing (Merits Hearing): If the deportation is not closed after the Master Calendar Hearing, an individual hearing is scheduled in which both sides present evidence and arguments.
5. Judge’s Decision: After the hearing, the immigration judge will decide whether the individual will be deported from the country.
6. Appeals: Either party can appeal the immigration judge’s decision to the Board of Immigration Appeals (BIA).
7. Removal: If all appeals are exhausted and a final order of removal is issued, ICE will carry out the deportation of the individual. This often occurs via air transportation to the individual’s home country.

Grounds for Deportation

A foreign national may be deported from the U.S. for a number of reasons. Some of the most common grounds for deportation include:

• Violation of the terms of immigration status
• Committing fraud such as marriage fraud or forging documentation
• Termination of conditional permanent resident status
• Committing aggravated felonies, drug crimes, crimes of domestic violence and firearms offenses
• Failure to disclose an address change

Bottom Line

Breaching U.S. immigration law can have serious consequences, including deportation from the country. If you have been detained by ICE and are facing deportation, or if you are simply looking for more information on how to maintain your immigration status in the U.S., our team of specialized immigration lawyers are here to help. Connect with us today to book a consultation and receive personalized immigration law support.