Illegal Entry into the U.S.: Can You Be Deported?

Illegal Entry into the U.S.
Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

The Shawn S. Sedaghat Law Firm

If you or someone you know entered the United States illegally, you might wonder whether deportation is inevitable. Immigration law can seem complicated, but it’s important to understand that entering the U.S. without permission does carry risks, including deportation and removal. This article will cover everything you need to know about deportation for illegal entry, the deportation process, and what options might be available to those who face removal.

 

Let’s break it down step-by-step, so you can understand the deportation process, how to avoid it, and what to do if you’re already in the process of deportation and removal for illegal entry into the US.

What Happens if You Enter the U.S. Illegally?

Entering the U.S. without authorization is considered illegal under immigration law, and anyone who enters unlawfully is at risk of removal proceedings. Removal (deportation) means being legally forced to leave the U.S., and once deported, you may be banned from reentering the country for several years or permanently.

 

The U.S. government, through Immigration and Customs Enforcement (ICE), is responsible for enforcing immigration laws and removing individuals who are not authorized to be in the country. If you’ve entered the U.S. illegally, there’s a possibility that ICE may place you in expedited removal proceedings, which can result in quick deportation without going through the immigration court system.

What Is Expedited Removal?

Expedited removal allows immigration officers to remove certain noncitizens without a hearing in front of an immigration judge. This applies mainly to individuals caught near the U.S. border who entered the country illegally and have been in the U.S. for fewer than 14 days. Expedited removal can happen quickly, often without a formal court hearing.

 

But don’t worry—if you fear returning to your home country, you can express this fear to an immigration officer, which might qualify you for an asylum interview instead of removal.

a group of children holding a suitcase

The Deportation Process for Illegal Entry

The deportation process for individuals who entered the U.S. illegally typically follows these steps:

 

  1. Notice to Appear (NTA): If you’re caught by ICE or another immigration enforcement agency, they may issue a Notice to Appear (NTA). This document starts the deportation process by formally charging you with being in the U.S. unlawfully.
  2. Immigration Court Hearings: After receiving an NTA, you’ll need to appear in immigration court in front of an immigration judge. The judge will decide whether you are eligible to remain in the U.S. or whether you should be removed. This process can involve multiple hearings and the presentation of evidence.
  3. Deportation Order: If the judge decides that you are deportable, they will issue a removal order. Once this order is issued, you can either appeal the decision or comply with the order by leaving the country.
  4. Voluntary Departure: In some cases, individuals can request voluntary departure. This allows you to leave the U.S. on your own terms, rather than being forcibly deported. Voluntary departure might be a better option because it avoids a formal deportation record, which can make it easier to return to the U.S. legally in the future.

Can You Fight Deportation?

Yes, you can fight deportation! Depending on your case, you may have options for staying in the U.S., even if you entered illegally. These options include:

 

  • Asylum: If you fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you can apply for asylum.
  • Cancellation of Removal: This is available for certain individuals who have lived in the U.S. for many years and can show that their deportation would cause extreme hardship to a lawful permanent resident (green card holder) or U.S. citizen family member.
  • Adjustment of Status: If you qualify, you may be able to apply for a green card and adjust your status to that of a lawful permanent resident, depending on your circumstances.

An experienced immigration attorney can help you understand your options and guide you through the process.

Grounds for Removal: Why Can You Be Deported?

The most common reason for deportation is being unlawfully present in the U.S., which means you entered the country without a visa or overstayed a visa. However, there are other reasons why you could be deported, including:

 

  • Criminal Convictions: Certain crimes, especially aggravated felonies, can lead to removal even for those with legal immigration status.
  • Fraud: If you obtained entry into the U.S. or immigration benefits through fraud or misrepresentation, you may be deported.
  • Public Safety Concerns: Individuals who pose a threat to public safety may be targeted for deportation by ICE.

How the Deportation Process Works

Once you’re in removal proceedings, the government will present evidence to show that you are removable from the U.S. You have the right to defend yourself and seek relief from removal, such as asylum, cancellation of removal, or voluntary departure.

 

Here’s a quick look at how removal proceedings typically unfold:

  1. Master Calendar Hearing: This is the first hearing where you’ll appear in front of an immigration judge. It’s usually brief, and the judge will explain the charges against you.
  2. Individual Hearing: If you decide to fight deportation, your case will go to an individual hearing, where you and your attorney will present evidence to show why you should not be deported.
  3. Judge’s Decision: The judge will decide whether to issue a removal order or grant you relief. If you receive a final removal order, you may still be able to appeal the decision.
  4. Appeals: If the judge orders your removal, you can appeal to the Board of Immigration Appeals (BIA). If you lose the appeal, your removal order becomes final, and you’ll need to comply with it.

What Are Your Options After Receiving a Removal Order?

Receiving a removal order doesn’t necessarily mean it’s the end of the road. You may still have a few options available:

  1. Appeal to the BIA: You have 30 days to appeal the judge’s decision to the Board of Immigration Appeals. If the BIA overturns the judge’s decision, you may be allowed to stay in the U.S.
  2. Motions to Reopen: If new evidence comes to light or your circumstances change, you can file a motion to reopen your case and have the judge review your situation again.
  3. Stay of Removal: In some cases, you can request a temporary delay of your deportation by applying for a stay of removal with ICE. This is often used for humanitarian reasons.
  4. Voluntary Departure: If all else fails, you might still be eligible for voluntary departure, allowing you to leave the U.S. without a formal deportation record.

Voluntary Departure vs. Deportation

When you’re in removal proceedings, the option of voluntary departure is something you should seriously consider. By leaving the U.S. voluntarily, you avoid a formal deportation order, which can have long-lasting effects on your ability to return to the U.S. in the future.

 

Voluntary departure can be requested at different stages of the removal process, but it’s always a good idea to consult an immigration lawyer to see if it’s the right option for you.

deportation process for illegal entry

What to Do If You’re Facing Deportation

If you’re facing deportation, it’s crucial to understand that you have rights. First and foremost, you have the right to seek legal counsel. Working with an experienced immigration attorney can significantly improve your chances of remaining in the U.S. Your lawyer can help you understand the deportation process, assess your options for relief, and represent you in court.

 

Steps to Take:

  1. Consult an Immigration Attorney: The best first step is to talk to an attorney. They can help you navigate your case and explore possible defenses.
  2. Gather Documents: Start gathering any documents that show your ties to the U.S., such as proof of residence, family connections, and employment. These documents can support your case if you apply for relief from deportation.
  3. Prepare for Court: If you’re going to immigration court, your attorney will help you prepare your case. It’s important to follow your attorney’s guidance and make sure you attend all court hearings.
  4. Stay Informed: Immigration laws can change, so it’s important to stay up-to-date on your rights and any changes to the law that could impact your case.

Conclusion

Illegal entry into the U.S. puts you at risk of deportation and removal, but that doesn’t mean all hope is lost. The deportation process involves multiple steps, and you may have options to fight removal and remain in the U.S. Whether you’re applying for asylum, requesting cancellation of removal, or seeking voluntary departure, it’s crucial to know your rights and act quickly.

 

If you or someone you know is facing deportation, consult an experienced immigration lawyer immediately. They can guide you through the process and help you find the best path forward.

FAQs

1. Can you be deported for entering the U.S. illegally?

Yes, entering the U.S. illegally is grounds for deportation. Individuals who are caught entering the country without permission may face removal proceedings and, in some cases, expedited removal.

 

2. What is expedited removal?

Expedited removal allows immigration officers to deport individuals without a hearing in front of a judge, usually if they were caught near the border within 14 days of entry. It’s a fast-track process for deportation.

 

3. Can I apply for asylum if I entered the U.S. illegally?

Yes, you can apply for asylum if you entered illegally, as long as you can prove a fear of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group.

 

4. What is the difference between voluntary departure and deportation?

With voluntary departure, you leave the U.S. on your own and avoid a formal removal order, which makes it easier to return legally in the future. Deportation, on the other hand, comes with penalties and bars on returning to the U.S.

 

5. What should I do if I receive a Notice to Appear (NTA)?

If you receive a Notice to Appear, you are being placed in removal proceedings. It’s essential to consult an immigration lawyer right away to help defend your case and explore options for staying in the U.S.

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