How the US deports migrants: a long and fast-track deportation process
Deportation proceedings are extremely serious. The U.S. government initiates legal proceedings that often threaten to remove a person from the country. In practice, any person who is not a U.S. citizen can be subject to deportation proceedings, explains Citizen path.
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Generally, immigrants who have naturalized and become U.S. citizens are protected from deportation. However, the government can revoke citizenship and deport those who have fraudulently obtained a green card or citizenship. Broadly speaking, there are two options for removing a person from the U.S. — Removal Proceeding and Expedited Removal.
Normal deportation procedure
When a migrant is deported, he or she must appear before an immigration judge because his or her immigration status is being called into question. In other words, the U.S. government is starting a legal process to remove you from the country.
This procedure can be initiated for various reasons:
- an illegal immigrant in the United States is arrested by immigration authorities;
- the asylum application is denied and the case is referred to an immigration judge;
- the green card holder has been convicted of a serious crime;
- a student on an F-1 visa stopped attending classes and did not leave the United States;
- the holder of a conditional green card is denied an extension of status (the fact of a fictitious marriage or another reason that cancels the condition for issuing a green card is proven).
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The removal process is a court hearing where an immigration judge decides whether you should leave the United States. You will have the opportunity to present your case and request cancellation of removal. The process consists of several steps.
1. Notice to Appear (NTA)
The process begins with the Department of Homeland Security (DHS) sending you Notice to Appear (NTA)This document contains:
- the essence of the case under consideration;
- legal basis of the case;
- specific accusations;
- information about your right to a lawyer.
The date and location of the hearing may be given immediately or communicated later. It is important to keep your immigration court contact information up to date so that you receive all correspondence.
2. Preliminary Hearing (Master Calendar Hearing)
The first court hearing is called preliminary hearingOn it:
- the judge explains the charges and your rights;
- you will be asked to respond to the charges;
- Possible options for canceling the deportation are being discussed.
At this stage, it is highly advisable to have a lawyer who will help you understand the procedure and will protect your interests.
3. Individual Hearing
If you are contesting the charges or seeking protection from deportation, a hearing will be held individual hearing. Here you can present evidence, call witnesses, and make legal arguments. The judge will take all the information into account before making a decision.
Possible outcomes of the hearing
The outcome of the court hearing may vary:
- Dismissal of the case: If the charges are not confirmed, the case is closed.
- Cancellation of deportation: it may be possible to obtain protection, such as asylum, adjustment of status, or cancellation of removal.
- Voluntary departure: You may be allowed to leave the United States on your own without incurring some penalties.
- Deportation order: If protection is not provided, the judge issues an order of expulsion.
Having the help of an experienced immigration attorney will greatly increase your chances of a favorable outcome.
Your rights during the deletion procedure
During the entire procedure, you have the following rights:
- Right to a lawyer: You have the right to be represented by a lawyer, but the state does not pay for the lawyer's services.
- Right to present evidence: You can provide evidence, documents and witnesses.
- Right of appeal: If the judge rules against you, you can appeal to the Board of Immigration Appeals (BIA) within 30 days.
Expedited Removal
Expedited removal is a separate, much faster process. Unlike standard removal, it does not involve a full hearing.
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The government applies expedited deportation to certain categories of persons who are in the United States without documents or who have gained entry through substantial fraud. This procedure is available if a person:
- Located at the port of entry (e.g. border or airport);
- Crossed the border illegally and cannot prove that he/she was in the United States for at least two years.
There is no immigration judge involved in this process. The decision to deport is made by an immigration officer, and it can take as little as a few days.
For example, Customs and Border Protection (CBP) can file expedited deportation paperwork for someone apprehended at the border or airport. CBP takes the person into custody and deports them within a few days. This is more serious than simply denying entry, as the violation can significantly complicate future immigration.
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