How Deportation in the United States Works
Millions of people immigrate to the United States thanks to the country’s policy that welcomes immigrants. The opportunities offered by the world’s largest democracy attracts people from all over the world. There is a legal program for immigrants to enter the United States.
Similarly, all those residing in the USA under a visa have to follow certain guidelines as mandated by the law. In case of violation of any guideline or law, the foreign national can be physically removed from the United States. This is known as deportation. Deportation is when someone is sent out of the USA by immigration authorities.
Who handles deportation?
Deportation is mainly handled by ICE – Immigration and Customs Enforcement, which is responsible for enforcing laws related to immigration. The US Citizenship and Immigration Services (USCIS) handle applications for immigration.
They can initiate deportation in cases of rejected applications. The Executive Office for Immigration Review (EOIR) handles proceedings on behalf of the department in immigration courts, where non-citizens can appeal against deportation.
Why would someone by deported?
The reasons for foreign nationals being deported from the US include:
- Committing crimes like domestic violence, a crime of moral turpitude, and aggravated felony by anyone within five years of entering the US.
- Failure to inform USCIS of change of address even 10 days after shifting to a new location.
- Smuggling aliens into the USA.
- Involved in drug abuse or convicted of certain drug-related cases.
- Committing marriage related fraud.
- Committing document fraud or entering the US with forged documents or without travel documents.
- Falsely claiming to be a citizen of the US.
- A person on a tourist visa violating the visa conditions and taking up employment.
- A student who visits for education but fails to pursue a course of study.
- Any serious violation of visa rules.
Deportation process in the United States?
In case someone enters the USA without a travel document or with a forged travel document, they can be immediately deported without having the right to legal recourse. Others, however, have rights to legal recourse. The process followed for deportation would be:
- The ICE would take the alien into detention and hold him/her at a detention center until legal proceedings are complete.
- The deportation case would be heard by the Immigration court, where the person to be deported can use legal services to argue his/her case.
- Based on the proceedings, the judge can order the deportation of the individual.
- The person being deported can file a complaint with the Department of Homeland Security if he/she feels his/her civil rights have been violated.
- The person facing removal can apply for asylum or file a petition for a green card through a relative.
- It is possible in some cases to appeal against deportation.
- The country from where the foreigner has entered the US would be informed and they would be asked to issue travel documents for their national. Deportation would proceed only after this is done.
- Deportation is carried out by road or by air. In most cases, the department deports aliens by air at US government expense.
- There is a REPAT (Removal of Eligible Parolees Accepted for Transfer) program under which an alien convicted of a crime can be released early from prison in exchange for returning to their country voluntarily.
The USA has laws and rules that govern the entry of people into the country. Whether as a tourist or an immigrant, whoever enters the US needs to comply with the laws and regulations. Failure to do so can result in deportation. Anyone facing deportation has the right to appeal the order and once deported can apply again for entry.
U.S. Immigration Laws Explained in Full