Deportation, or removal, is a legal process where the U.S. government forces a person to leave the country. This typically happens when someone breaks immigration laws. Whether the person entered the U.S. illegally, overstayed their visa, or committed a serious crime, they could be subject to deportation. It’s important to understand the entire process because deportation can affect families, careers, and futures.
In this guide, we will explain the deportation process, how immigration cases are handled, what defenses are available, and what steps you can take if you are facing removal. We will also answer common questions and include a detailed comparison between deportation defense.
What is Deportation?
It is the process where the U.S. government orders a person to leave the country because they have violated immigration laws. The Immigration and Customs Enforcement (ICE) organization is the main agency responsible for detaining and deporting people. Once a deportation order is issued, the person must leave the country either voluntarily or forcibly.
While deportation is a serious legal matter, it’s not an automatic outcome. If you are at risk, you will go through a legal process, and depending on your case, there are defenses and relief options you can pursue.
Why Do People Get Deported?
The reasons for deportation can vary, but the most common include:
- Illegal Entry: Entering the United States without proper documentation is one of the most common reasons for removal.
- Overstaying a Visa: Even if you entered the country legally with a visa, overstaying beyond its expiration date makes you an unlawful presence in the U.S., which can lead to removal.
- Criminal Convictions: Certain crimes, such as drug trafficking, fraud, or violent offenses, may result in deportation, even for legal residents. If you’re wondering, “Can you get deported with a green card?” the answer is yes, for specific violations.
- Violation of Visa Terms: Those on temporary visas, such as student visas or work permits, must comply with the conditions of their stay. Violating these terms may trigger deportation.
- Fraud in Immigration Process: Providing false information or fraudulent documents to immigration authorities can lead to removal, even for naturalized citizens. So, can a naturalized citizen be deported? Yes, if the citizenship was obtained through fraud.
The Deportation Process: Step by Step
- Arrest by ICE: The process usually begins when Immigration and Customs Enforcement (ICE) arrests or detains someone. This might happen during a workplace raid, after a traffic stop, or if the individual is already in jail for a criminal offense. One question often asked is, how long can ICE hold you before deportation? ICE can hold an individual for up to 48 hours after their criminal case is resolved before transferring them to immigration custody.
- Notice to Appear (Form I-862): The next step is receiving a Notice to Appear (NTA), formally known as Form I-862. This document explains the charges against the person and sets a date for their appearance in immigration court. The NTA is a key step in starting the removal process.
- Immigration Court Hearings: After receiving the I-862, the individual will have to attend immigration court hearings. During these hearings, the person can defend themselves, provide evidence, and argue against deportation. Immigration cases can take months or even years to complete due to the backlog of cases in the system. Some people may qualify for relief from removal based on their specific situation, while others may not.
- Judge’s Decision: After reviewing the evidence, the immigration judge will either issue a deportation order or allow the person to stay in the U.S. with legal status. If the judge orders removal, the person must leave the country, often within a set period.
- Appeals Process: If the individual disagrees with the judge’s decision, they have the right to appeal the case. Appeals are heard by the Board of Immigration Appeals (BIA). This process can take time, but it provides another chance to avoid deportation.
- Execution of Deportation: If the appeal is unsuccessful, or if the individual chooses not to appeal, the deportation order will be enforced, and ICE will arrange for the person’s removal from the U.S.
Defenses Against Deportation
There are several ways to defend against deportation, depending on the specific circumstances of the case. Some of the most common defenses include:
- Asylum: If the individual fears persecution in their home country due to their race, religion, nationality, or political beliefs, they may apply for asylum. Asylum seekers are protected from deportation while their cases are being processed. Asylum is a defense often used by individuals who face significant danger if returned to their home country.
- Cancellation of Removal: This is a form of relief available to both green card holders and undocumented immigrants under certain conditions. For example, someone who has lived in the U.S. for over ten years and has strong family ties may be eligible for cancellation of removal.
- Withholding of Removal: Similar to asylum, this relief applies when an individual can prove that their life or freedom would be threatened in their home country. Withholding of removal after 10 years is one common misconception, but it is not automatic. The individual must meet strict criteria and prove their case.
- Voluntary Departure: In some cases, the individual may be allowed to leave the country voluntarily, avoiding the formal deportation process. This option can help the person avoid the penalties that come with a deportation order.
Can You Get Deported with a Green Card?
Green card holders, or legal permanent residents, are not immune to removal. While holding a green card allows someone to live and work in the U.S., certain violations can result in removal. Crimes such as drug offenses, fraud, and violent crimes may lead to deportation even for permanent residents.
Green card holders facing deportation have the right to defend themselves in immigration court, but the outcome depends on the specific charges against them. In all cases, it is recommended to seek help from a deportation defense attorney.
Deportation vs. Voluntary Departure
| Aspect | Deportation | Voluntary Departure |
| Initiated By | Government through an immigration judge’s order | Individual can request with court approval |
| Outcome | Formal removal with penalties and re-entry bans | Individual leaves on their own, no formal removal |
| Effect on Future Re-Entry | Barred for 5 to 10 years or more depending on case | May apply to re-enter sooner |
| Record | Stays on immigration record as deportation | Leaves the U.S. without a formal deportation record |
Special Situations in Deportation
Deportation cases can be complex, especially when there are unique circumstances involved. Here are a few special scenarios:
- What Happens if You Have a Deportation Order?
If a judge issues a deportation order, you must leave the country. Ignoring the order can lead to severe consequences, such as being barred from re-entry for several years or even permanently. If you believe the deportation order was issued in error, you can file an appeal or motion to reopen the case, but time is of the essence. - Check Immigration Court Date:
It’s important to keep track of your court dates and attend all hearings. Failure to appear could result in an automatic deportation order. You can easily check immigration court dates online through the Executive Office for Immigration Review (EOIR) case status system. - Can a Naturalized Citizen Be Deported?
While it’s rare, a naturalized citizen can be deported if they obtained their citizenship fraudulently. The U.S. government may revoke citizenship if fraud is discovered, leading to removal.
Illegal Immigration and Deportation
Individuals who enter the U.S. without permission, or those who stay beyond their legal limits, are considered illegal immigrants. The U.S. government takes illegal immigration seriously, and anyone caught without proper documentation is at risk of deportation.
The issue of illegal immigration is complex, and it’s one of the main focuses of immigration enforcement. Each year, thousands of people are detained and deported because they do not have legal status. However, even in these situations, there may be defenses available, depending on the circumstances.
Conclusion
Understanding how deportation works is essential for anyone at risk of removal from the U.S. The process can be complicated and long, but knowing your rights and legal options is key. Whether you face deportation due to overstaying a visa, committing a crime, or entering the country illegally, it’s important to seek legal advice from an immigration attorney who can guide you through the process.
FAQs
- What happens if you have a deportation order?
If you receive a deportation order, you must leave the U.S. or face forced removal. You can appeal the decision if you believe it was issued in error. - How long can ICE hold you before deportation?
ICE can hold you for up to 48 hours after your criminal case is resolved before transferring you to immigration custody. - Can a naturalized citizen be deported?
Yes, but only in rare cases where the citizenship was obtained through fraud. - Can you get deported with a green card?
Yes, green card holders can be deported if they commit certain crimes or violate U.S. immigration laws. - What is Form I-862?
Form I-862, or the Notice to Appear, is the document that starts the deportation process, listing the immigration charges and setting a court date.
