Inside the U.S. Deportation Process: What Happens and How You Can Fight It
Shawn Sedaghat, Esq.
Deportation is a serious matter. For anyone facing the threat of removal from the United States, it can feel overwhelming. But don’t worry—we’re going to break down the deportation process in the US step-by-step. You’ll learn exactly how it works and, more importantly, how you can fight deportation and potentially stay in the country. By the end of this guide, you’ll feel more informed and ready to take action.
What Is Deportation?
Deportation, also known as removal, is when the U.S. government formally removes a non-citizen from the country. This process happens when someone is found to have violated immigration law or committed certain crimes. The process is managed by U.S. Immigration and Customs Enforcement (ICE), which is part of the Department of Homeland Security (DHS).
People can face deportation proceedings for a variety of reasons, including:
- Entering the U.S. illegally.
- Overstaying a visa.
- Committing criminal offenses.
- Violating the conditions of their immigration status.
The deportation process can take a while, but it’s important to know what’s coming and what steps you can take to fight deportation if you are facing removal.
Step 1: The Notice to Appear (NTA)
The first step in the deportation process is when the U.S. government sends a Notice to Appear (NTA). This is the document that officially starts the removal proceedings. It states the reason the government believes you should be removed from the U.S., and it will also include the date and time of your first hearing in immigration court.
If you receive an NTA, don’t panic. You still have options to present your case and possibly avoid being deported. But it’s crucial to attend every court hearing listed on the NTA. Missing a hearing can result in a deportation order being issued against you in your absence.
Step 2: The Master Calendar Hearing
Next, you will have your first appearance in immigration court, known as the Master Calendar Hearing. This is a short hearing where the judge will go over the charges against you. You’ll be asked whether you agree or disagree with the claims made in the NTA. This is also the time to inform the court if you plan to fight deportation.
If you don’t yet have an immigration lawyer, this is a great time to find one. An experienced immigration attorney can help guide you through the rest of the deportation process and prepare the best possible defense.
At the end of this hearing, the immigration judge will schedule a second hearing where both sides—the government and you—will present their evidence.
Step 3: The Individual Hearing
The Individual Hearing is your chance to present your case. You’ll get to tell the immigration judge why you should not be deported. It’s important to prepare your arguments well, gather evidence, and, if possible, bring witnesses who can support your case. This is where having an immigration attorney by your side really helps.
At this hearing, the government will also present its case, arguing why they believe you should be removed from the U.S. Once both sides have been heard, the judge will make a decision.
If the judge rules in your favor, you will be allowed to stay in the U.S. If the judge rules against you, they will issue a removal order, which means you must leave the U.S. But this isn’t necessarily the end of the road—you can still fight deportation by filing an appeal.
Step 4: The Immigration Judge’s Decision
After the Individual Hearing, the immigration judge will decide whether you can stay in the U.S. or if you will be ordered removed. If you win your case, you may be able to remain in the U.S. permanently or adjust your immigration status. If you lose your case, a removal order will be issued.
It’s important to remember that if a removal order is issued, you still have the option to appeal. This appeal must be filed within 30 days of the decision, and it will stop the deportation temporarily while the appeal is reviewed by the Board of Immigration Appeals (BIA).
Step 5: Filing an Appeal
If the immigration judge issues a deportation order, you have the right to appeal the decision. To do this, you must file a Notice of Appeal to the Board of Immigration Appeals (BIA) within 30 days. During this time, your deportation is paused, giving you more time to fight the case.
An appeal is essentially a request for a higher authority to review the immigration judge’s decision. You can use this opportunity to present new evidence or point out any mistakes in the previous court ruling. This is another point where having an immigration attorney can make a huge difference in your ability to stay in the U.S.
Understanding Expedited Removal
In some cases, people are subject to expedited removal. This is a fast-track process where certain individuals can be removed from the U.S. without going through a full court hearing. Expedited removal is typically used for individuals who are caught at or near the border, have been in the U.S. for less than two years, or have committed immigration violations.
If you’re facing expedited removal, you may not have the same opportunity to present your case in immigration court. However, if you express a credible fear of returning to your home country, you may be able to avoid expedited removal and have your case heard by an immigration judge.
Defenses Against Deportation
There are several ways you can defend yourself against deportation. Some common defenses include:
- Cancellation of Removal: If you have been in the U.S. for a long time, have strong ties to the country, and can prove that your removal would cause extreme hardship to a lawful permanent resident or U.S. citizen family member, you may be eligible for cancellation of removal. This can stop deportation and even result in obtaining a green card.
- Asylum: If you fear persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group, you can apply for asylum. If granted, you will be allowed to stay in the U.S. permanently.
- Adjustment of Status: If you are eligible for a green card based on a family relationship or employment, you can apply for an adjustment of status to become a lawful permanent resident.
- Voluntary Departure: In some cases, you may be allowed to leave the U.S. voluntarily instead of being deported. While this means you’ll still have to leave the country, it allows you to avoid the penalties associated with a formal deportation order, such as being barred from re-entering the U.S. for up to 10 years.
What Happens After a Deportation Order?
If you lose your case and the immigration judge issues a deportation order, the government will begin the process of removing you from the U.S. ICE will typically send you a “bag and baggage” letter, which will include details on when and where to report for your removal.
If you don’t report, ICE could arrest you, detain you, and enforce the removal order. In some situations, individuals may be detained by ICE before their removal, especially if they are considered a flight risk or pose a danger to the public.
If the removal order is carried out, ICE will arrange for your transportation to your home country, usually by plane.
Returning to the U.S. After Deportation
Being deported from the U.S. doesn’t always mean you can never return, but it does make things more difficult. Depending on the circumstances of your deportation, you may be barred from re-entering the U.S. for 5, 10, or 20 years, or even permanently.
However, it is sometimes possible to return sooner by filing a Form I-212, which is an application for permission to reapply for admission after deportation. In some cases, you might also need to file for a waiver of inadmissibility (Form I-601) if there are other reasons you are barred from returning, such as having committed certain crimes.
How to Stop Deportation
The good news is that many people are able to stop their deportation with the right legal help. Some of the most common ways to stop deportation include:
- Filing an appeal with the Board of Immigration Appeals (BIA).
- Proving eligibility for asylum, cancellation of removal, or adjustment of status.
- Requesting voluntary departure instead of being formally deported.
If you’re facing deportation, the best step you can take is to consult an experienced immigration attorney who can help you navigate the process and build a strong defense.
Conclusion
Facing deportation is never easy, but understanding the deportation process and the steps involved can help you prepare and fight deportation. From the moment you receive a Notice to Appear to the decision in immigration court, you have legal rights and options to present your case. Whether it’s through asylum, adjustment of status, or an appeal to the Board of Immigration Appeals, there are multiple paths you can take to avoid removal.
If you or someone you know is facing deportation, don’t hesitate to seek help from an experienced immigration attorney who can guide you through the process and fight for your right to stay in the U.S.
FAQs
1. Can I appeal a deportation order?
Yes! You can file an appeal with the Board of Immigration Appeals (BIA) within 30 days of the immigration judge’s decision.
2. What is expedited removal?
Expedited removal is a fast-track deportation process for individuals caught near the border or who have been in the U.S. for less than two years. It allows for deportation without a hearing in immigration court.
3. Can I stop deportation if I fear returning to my home country?
Yes, you can apply for asylum if you have a credible fear of persecution in your home country. If approved, this can stop deportation and allow you to stay in the U.S.
4. What happens if I don’t show up for my immigration court hearing?
Failing to show up for your court hearing can result in a deportation order being issued against you in your absence. It’s important to attend every hearing and follow court instructions.
5. How can I return to the U.S. after deportation?
You may be able to return after deportation by filing Form I-212 for permission to reapply for admission, and potentially filing Form I-601 for a waiver of other inadmissibility reasons.