What does it mean “deportation” from the U.S.?
What does it mean “deportation” from the U.S.?
Deportation is a removing process for a non-U.S. citizen from the U.S. for violating immigration law. The Department of Homeland Security (DHS) may detain and deport non-U.S. citizens who:
participating in criminal acts
are a threat to public safety
violate their immigration visa status
The DHS uses these main repatriation methods: ordinary (regular) removal proceeding, expedited removal proceeding, and voluntary departures. After ICE detains a non-U.S. citizen, they may go before a judge in immigration court during the deportation process. In some cases, a non-U.S. citizen is subject to expedited removal without being able to attend a hearing in immigration court. The Immigration Judge (IJ) handles those related cases. If an IJ rules that the deportation should proceed, ICE carries out and executes the removal order.
What is the difference between an expedited and a regular removal?
The U.S. deportation process, also known as removal, can involve several steps, including detention, immigration court hearings, and an order of removal. The process can be expedited or lengthy depending on the individual’s case. However, expedited removal process can happen in a matter of weeks for individuals who have been in the U.S. for a short time (at the airport) and / or are arrested near U.S. border. Specifically, expedited removal may happen when a non-U.S. citizen who have not been in the U.S. for long and:
comes to the U.S. without proper travel documents
uses forged / altered / fake travel documents
does not comply with their visa or other entry document requirements
For those not subject to expedited removal, it will start with issuing a “Notice to Appear” (NTA) by DHS, which formally charges the individual with removability. The regular removal case can be a longer process that can take years or even decades, depending on the case’s complexity and other related issues.
What is Voluntary Departure?
Generally, before deportation starts, the effected person might be able to leave the U.S. at their own expense. This is also known as a voluntary departure. Specifically, non-U.S. citizen who have committed non-violent crimes may be subject to the ICE “Rapid REPAT” program. The individuals can be released from prison to voluntarily return to their country of origin if they applied to this program.
What does it mean “Rapid REPAT” program?
This program (Removal of Eligible Parolees Accepted for Transfer) was established by ICE in November 2007 and was designed to expedite that process by allowing select criminal aliens incarcerated in state prisons to accept early release in exchange for voluntarily returning to their country of origin.
Chances of claiming asylum while expedited removal is processing?
While expedited removal can be carried out by immigration officers, the individual is still entitled or have a chance to claim asylum if they fear persecution in their home country.
Initiation of the process
The first formal step for individuals who go through the court system is receiving an NTA, which outlines the reasons for removal and the court date. However, generally, the process often begins with an arrest and detention by Immigration and Customs Enforcement (ICE) agents.
Court proceedings
All deportation cases are administered in an Immigration Court, but not in a Criminal Court. There are three steps in that stage.
Master calendar hearing ——> This is a preliminary hearing where the individual is informed of the charges and can respond, potentially asking for more time to find an attorney or gather evidence.
Individual hearing ——> A more detailed hearing where evidence is presented, and witnesses may be called and cited. The Immigration Judge (IJ) will make a final decision.
Appeals —-> An individual can appeal the IJ’s decision to the Board of Immigration Appeals (BIA) if the individual disagrees with IJ decision.
What will happen after a removal order is issued?
If individual was issued a removal order by IJ and all appeals have been exhausted or waived, ICE will carry out or execute the order. Specifically, after the order is issued, ICE may detain the individual for a removal period, which can last up to 90 days, before they are deported. However, in some cases, individuals may be granted voluntary departure, which allows them to leave the country on their own, sometimes with assistance from programs like the “CBP Home program”.
Note: Cited from https://www.usa.gov; and this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
