Deportation Process and Defense
The subject of deportation has come up more recently as there are talks of ICE raids in immigrant communities, but the threat of deportation is not just applied to undocumented migrants as other foreign nationals can also be deported from US soil. In fact, the US can deport those who have violated their visas, are found to be a part of crimes or are a threat to public safety. Depending on the context of the deportation case, the process for removal will vary, as will the kind of defense case used against the removal.
Process for expedited removal
In the case of someone entering a US border without the appropriate documents, a border officer can put into motion the process for expedited removal. Expedited removal can allow for an individual to be immediately removed without having to go through a court process. This occurs when an undocumented individual enters a US airport or any other checking point to the US border. In other cases, an individual already in the US who has violated the terms of their visa can go through a lengthier deportation process if they have to argue their case in front of a judge. In such an instance, the case is heard by an immigration court. If the judge orders the defendant to be deported, the receiving country (the foreign defendant’s country of nationality) must agree to receive the defendant.
If you are facing the possibility of deportation or have started the process, the help of an experienced immigration lawyer can prove to be vital. One of the possible defenses to deportation is called voluntary departure. The process is exactly as it sounds: the individual decides to leave the US willingly instead of being deported. While it still requires the individual to leave the country, it allows for them to reapply for a visa once they have left the country, without being barred from readmission for a certain period of time. Other possible defenses include asylum requests (if the individual faces persecution due to certain criteria), appealing the deportation decision, or by adjusting their status to a lawful resident through a recognized method (that is also approved by the judge). However, deportation cases can be stressful and legally complex. As such, if someone finds themselves involved in one, it is best that they seek legal counsel.
by Prozco®