Deportation is a critical issue in U.S. immigration law that affects hundreds of thousands of individuals and families each year, but the process can often seem complex and daunting to those facing it. This informative legal guide will provide a clear overview of the steps involved. Whether you're directly involved in deportation proceedings or trying to prevent a loved one from being deported, understanding the process is essential for navigating the complex landscape of U.S. immigration.
The deportation process typically begins when an Immigration and Customs Enforcement (ICE) officer stops and arrests an immigrant. A Border Patrol officer may also carry out the arrest. This could happen during a routine traffic stop, a workplace raid, or as a result of a criminal investigation. In some cases, local law enforcement may alert ICE about an individual's immigration status after an arrest. This often happens in jurisdictions that cooperate with federal immigration enforcement. Further, individuals caught physically entering the U.S. illegally may be placed in expedited removal proceedings.
Once the individual is taken into ICE custody, a decision is made whether to detain the person or release them on bond. Factors considered include flight risk, community ties, and potential danger to society. If detained, the person may be held in an ICE facility or a contracted local jail. It is crucial to note that you are granted a number of important rights at this stage, such as the right to remain silent, the right to speak with an attorney before answering questions, and the right to know the specific reasons for your arrest.
The NTA is a formal charging document that initiates removal proceedings. It is typically issued by the Department of Homeland Security (DHS), usually through ICE or USCIS. The NTA must be filed with the immigration court to officially start the case. The document will include personal information such as the recipient's name and address, factual allegations regarding their immigration status, and the charges the person is accused of violating. Moreover, the NTA will order the individual to appear before an immigration judge.
The individual must appear before an immigration judge for a Master Calendar Hearing, which is the initial hearing in removal proceedings. He or she will plead to the charges by either admitting, denying, or contesting them. It is very important to attend this meeting, even if you do not yet have an immigration attorney representing you. If you fail to attend, an automatic order of removal may be issued against you. The consequences of this order are severe, and you may not be able to enter the U.S. for ten years. Depending on the circumstances of your case, there may be more than one Master Calendar Hearing.Â
The merits hearing is a more in-depth trial in which evidence regarding the individual’s immigration status is presented. This hearing gives the immigrant an opportunity to argue their case for remaining in the country. The individual may present defenses to deportation, such as asylum, cancellation of removal, adjustment of status, or others. For example, if you are claiming asylum to prevent deportation, you would present documents about the current conditions in your home country that demonstrate fear of persecution. Generally, the burden of proof is on the individual to show eligibility for relief.
At the end of the merits hearing, the judge will issue a decision either ordering deportation or granting relief. In some cases, the individual may be granted voluntary departure, which allows them to leave the U.S. at their own expense within a certain period without a formal deportation order on their record. The judge may give his or her decision immediately after the Individual Hearing. However, in more complex cases, the judge might issue a written ruling later, typically within 30-60 days of the hearing.
Both the prosecution and the individual facing deportation have the right to appeal the judge’s decision. They can appeal to the Board of Immigration Appeals (BIA) within 30 days. While your appeal is pending, you are typically allowed to stay in the U.S., but you may remain in detention in ICE custody. If the BIA's decision is unfavorable, further appeals can be made to the U.S. Circuit Court of Appeals and, in rare cases, to the U.S. Supreme Court.
If all appeals are exhausted and removal is ordered, ICE carries out the deportation and the individual will be forced to return to his or her country of origin. Individuals deported from the U.S. often face a bar from reentering the country for a certain number of years (usually 5, 10, or 20 years, depending on the case).Â
In some rare cases, individuals can file a motion to reopen their case if new evidence or changes in law justify it. This is typically only available under limited circumstances and you may want to consult with an experienced immigration attorney to find out if this option is available in your case.Â
While this article provides an overview, it is important to recognize that each deportation case has its own complexities. The stakes in deportation are high, so working with an expert attorney that can advocate effectively throughout the entire process is critical. Book a consultation with an immigration lawyer at Attorney At Law today.
