Deportation is a big word that means a person has to leave a country and go back to the country where they were born. In the United States, the government might decide that someone who is not a U.S. citizen has to leave, and this process is called “deportation” or “removal.” This can be a scary and confusing time for the person who has to leave, as well as their family. But there are ways to try to stop deportation, and that’s where our rule as a deportation lawyer comes in. In this blog, we will break down how deportation works in the U.S., why it happens, and how people can get help if they are facing deportation.
What is Deportation?
It is the process when the U.S. government decides that an immigrant has to leave the country for a specific reason. The immigration authorities usually carry out the process, and it can have serious effects on the person being deported and their family. This happens when the U.S. government decides that someone who is not a U.S. citizen has broken the rules for staying in the country. These rules are called “immigration laws,” they help the government decide who can stay in the U.S. and who has to go.
When someone is deported, it often means they are sent back to their home country or the country they last lived in. Sometimes, after being deported, the person may not be allowed to return to the United States for a long time, or possibly ever. This is why deportation is a very serious matter, and anyone facing it should seek help from a knowledgeable lawyer.
Why Do People Get Deported?
There are many reasons why the U.S. government might decide to deport someone. Let’s think about some of the most common reasons:
- Breaking the Law: If a person breaks certain U.S. laws, especially serious ones like crimes involving drugs or violence, the government might decide that they have to leave the country.
- Not Following Visa Rules: Sometimes, people come to the U.S. with a visa, which is like a permission slip to visit or stay in the country for a while. If someone stays longer than they are allowed or does something their visa doesn’t allow, they might face deportation.
- Lying to Get Into the U.S.: If a person lies about important things to get into the U.S., like pretending to be someone else or not telling the truth about why they want to come, they could be deported.
- Being a Threat: The government might think someone is dangerous or a threat to the safety of other people in the U.S. If that happens, the person could be deported.
- Breaking Immigration Rules: Sometimes, even if someone hasn’t broken any big laws, they might still be deported if they don’t follow all the immigration rules. For example, if they forget to tell the government when they move to a new address, it could cause problems.
Who Handles Deportation?
The U.S. government has a special department called ICE (Immigration and Customs Enforcement) that is in charge of deportation. ICE has two important parts:
- ERO (Enforcement and Removal Operations): This group works to make sure immigration laws are followed. They are the ones who actually carry out deportations.
- HSI (Homeland Security Investigations): This group looks into people who might be breaking immigration laws, like those involved in serious crimes.
What Happens During Deportation?
The deportation process starts when the U.S. government decides that someone should be removed from the country. Here’s what usually happens:
- Notice to Appear: The person gets a paper called a “Notice to Appear,” which tells them that the government wants them to go to court. This court is called the immigration court, and it’s where decisions about deportation are made.
- Immigration Court Hearing: The person has to go to court and talk to a judge. The judge listens to both the government and the person facing deportation or their deporation lawyer who is helping with their case. The defence can explain why they should be allowed to stay in the U.S.
- Decision: After hearing everything, the judge decides if the person can stay in the U.S. or if they have to leave. If the judge says they have to leave, they are given a date by which they must go.
- Removal: If the judge orders the person to leave, and they don’t leave on their own, ICE might come and take them back to their home country.
Can You Fight Deportation?
Yes! Even if the government wants to deport someone, they don’t have to give up. There are many ways to try and stay in the U.S. Here are some ways people can fight deportation:
- Adjustment of Status: This is when a person tries to change their immigration status to become a lawful permanent resident (someone with a Green Card). This might happen if they have a family member or a job in the U.S. that can sponsor them.
- Cancellation of Removal: If someone has been in the U.S. for a long time and has been a good person, they might ask the judge to cancel their deportation and let them stay.
- Asylum: If a person is afraid that they will be harmed in their home country because of things like their race, religion, or political beliefs, they can ask for asylum, which is a kind of protection.
- Voluntary Departure: Sometimes, instead of being deported, a person can choose to leave the U.S. on their own. This is called voluntary departure, and it might make it easier for them to come back to the U.S. legally in the future.
- Withholding of Removal: This is similar to asylum, but it’s harder to get. It stops the person from being deported to a country where they would be in serious danger.
What is a Bond Hearing?
If someone is arrested by ICE, they might be held in a place like a detention center while their deportation case is happening. But, they might be able to ask for something called a bond hearing. A bond is money that the person pays to the court as a promise that they will go to all their court hearings if they are let out of detention.
During the bond hearing, the judge decides if the person can be let out of detention until their court case is over. If the judge thinks the person is not a danger and will go to their court dates, they will set a bond amount. If the person pays the bond, they can leave detention and stay with their family until their next court date.
How Can Santos Khoury Help?
Going through deportation is really hard, but you don’t have to do it alone. At Santos Khoury, we are here to help. Our deportation lawyers know all about the laws and rules around deportation, and they can help you understand your rights. We will stand by your side in court, help you figure out the best way to fight deportation, and do everything we can to keep you with your family in the U.S.
If you or someone you know is facing deportation, the first step is to talk to a lawyer who can give you advice and help you understand what to do next. The sooner you get help, the better your chances of staying in the U.S.
Conclusion: Understanding Deportation and Getting Help
Deportation can be a scary word, but understanding how it works can make it a little less frightening. Remember, deportation is when the U.S. government decides that someone who isn’t a U.S. citizen has to leave the country. There are many reasons why this might happen, like breaking the law or not following visa rules. But even if someone is facing deportation, there are ways to fight it, like asking for asylum or trying to change their immigration status.
The most important thing to know is that no one has to fight deportation alone. Lawyers, like the ones at Santos Khoury, can help people understand what’s happening and fight to stay in the U.S. If you or someone you love is facing deportation, don’t wait—reach out to a lawyer right away. Together, you can work on staying in the U.S. and keeping your family together.
