The Process of Deportation

There are many different reasons as to why an immigrant may be deported from the United States. For example, an immigrant may be considered an inadmissible alien due to terrorist suspicion, criminal records, certain diseases, or entrance into the United States illegally. If the government decides that an immigrant’s status should be questioned, the process of deportation beings. Also known as the removal process, the deportation process can be very complicated, especially for those just entering our country. The process usually goes as follows:

* If an immigrant is to be considered to be deported, the deportation process begins. The process generally starts with the Department of Homeland Security, or the DHS, issuing the individual a “notice to appear”. This document has important information including the name and country of origin for the individual, an order to appear in immigration court, and the nature of the situation. This additional information will include how the individual broke the law, the reason for the summons, the right to an attorney, and the consequences of failing to appear.

* There are a number of situations where a “relief from removal” is possible. In these cases, the individual may not be deported for a number of reasons including if the individual is a lawful permanent resident, receives an adjustment of status, or if the individual receives asylum as a refugee. If granted this relief from removal by the immigration court, the immigrant is free to stay in the United States as a lawful permanent resident.

* When the immigrant is in immigration court, the immigration judge will be required to make two distinctions. First, the judge must make a determination on the removability of the immigrant from the United States. Second, the judge must decide if the immigrant is eligible for a form of relief from removal.

* If an immigrant is found to be removable from the United States, the act of deportation occurs. The immigrant will likely then go to a facility where they are detained until they can be deported. For most immigrants, a direct flight to the country of deportation will force them ‘home’. Otherwise, they may be detained for up to 90 days.

Deportation can rip a family apart and change the lives of many immigrants. Unfortunately, deportation is a large part of immigration law in America. The deportees are often treated horribly, with little to no regard to the safety and timeliness of the procedures. If an immigrant is not a lawful permanent resident of the United States, he or she may have to live in fear of deportation their whole life. Without proper immigration reform, the deportation process and the broken immigration system will continue to