The deportation process can be overwhelming. For that reason, those facing deportation and their family members should be familiar with the deportation process and deportation defense options.
The deportation process
Foreign nationals can be deported for several different reasons including if they participate in criminal acts, are a threat to public safety or violate their visa. Those subjected to the deportation process may experience an expedited removal process or a longer deportation or removal process. Individuals who may be subjected to the expedited removal process can include those who entered the United States without travel documents or with allegedly forged travel documents.
A foreign national being subjected to the deportation process may be held in a detention center prior to deportation. The deportation case is heard by an Immigration Court of the U.S. Department of Justice. If the judge rules that the deportation should proceed, the receiving country of the deported individual must agree to accept them. Once the recipient country has issued travel documents for the deported individual, Immigration and Customs Enforcement carries out the removal order.
There are a variety of possible deportation defense options that individuals facing deportation should be aware of. Factors that can impact a deportation defense can include the individual’s length of residence in the U.S.; the individual’s family ties in the U.S.; the individual’s employment history; any history of prior immigration violations and the individual’s moral history; if the individual is seeking asylum from persecution; and possibly other factors as well. The possibility of deportation can be a significant concern for individuals facing it and their families which is why it is helpful to understand the process and the potential options for fighting it.