Why do non-Citizens get deported? 

Why do non-Citizens get deported? 

According to Immigration and Naturalization Act (INA) 237, a non-Citizen can be deported (removed from the U.S.) by the Federal government if they:

  • Participated or participate in criminal acts (including aggravated felony charges; drug offense; domestic violence; firearms offenses)

  • Are a threat to public safety (including National security threats)

  • Violate their visa status (failure to maintain their visa status)

Before Detained or If Detained and Why?

The non-Citizen or foreign national may be held in a detention center before trial or deportation. If they are detained, they may go before a judge in immigration court during the deportation process (also known as removal proceeding). In some cases, a non-citizen is subject to expedited removal without being able to attend a hearing in an immigration court (known as expedited removal).  This process may happen when a non-citizen:

  • Comes to the U.S. without proper travel documents (entering without authorization)

  • Uses forged travel documents (including immigration fraud or misrepresentation)

  • Does not comply with their visa or other entry document requirements (failure to maintain their visa status)

Can a non-citizen be deported with a green card?

The short answer is “Yes”, and a green card holder can be deported from the United States. While a green card holder (Lawful permanent residency status) has lawful permanent residency status in the U.S., it does not guarantee relief from deportation if they are committing certain crimes, violating immigration laws, or misrepresenting information during the application process, that can lead to deportation (removal proceeding).

Note: This information is for generally educational or informational purposes only and it does not constitute legal advice.

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