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Deportation is a word that has been used quite frequently in today’s media

Deportation is a word that has been used quite frequently in today’s media. Many immigrants and their families carry the burden that they will be deported based on new regulations in the government. With the change in presidential administration, new agendas are being pursued and immigrants are largely affected. According to the U.S. Immigration and Customs Enforcement (ICE) website, ICE has removed 240,255 removals in the year 2016 which is down from the year 2012 with 409,849 removals (2016). Most of the removals were individuals from Mexico, Guatemala, Honduras, and El Salvador. Overall, the main goal of ICE is to keep the nation safe and secure and plan to do so through their ability to find individuals who pose a threat to public safety, national security, and border security.

The most basic definition of deportation is the removal of an alien from a country by the federal government. The grounds for why an alien is deported can be based on a violation of immigration or criminal laws. Removal is also another term used to remove aliens from a country. Removal is a legal proceeding and is where an alien “has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds” (“Deportation,” 2013).

The process of deportation and removal contain different classes of reasons why an alien may be removed from a country. In the United States, these reasons involve the law, other individuals, or criminal activity. One reason pertaining to United States law is if the alien is “present in the U.S. in violation of the Immigration and Nationality Act or any other U.S.law” (“Deportation,” 2013). An alien can also be deported or removed by aiding other aliens to enter the United States illegally or by participating in marriage fraud to get admission into the United States. Lastly, examples of criminal activity that could cause an alien to be deported or removed include partaking in any activity that endangers public safety or national security, and engaging in unlawful voting.

There is a series of steps that are followed when deportation or removal is involved. First, a Notice To Appear (NTA) that is issued by the U.S. Immigration and Customs Enforcement is sent to the alien and is filed with an immigration court. An alien can expect this NTA to contain their personal information and the reason for their deportation or removal. The immigration court will schedule a hearing, and the judge will ask if the alien is ready to proceed with the case or if they are need of an attorney. An attorney can be acquired through different agencies, such as through the US Attorney website. On this website, an alien can fill out a free case evaluation based on the state and county they are in. For example, since I am from Harrison, Ohio, I would make my inquiry within Ohio and Hamilton County. If the alien does need an attorney, the hearing will be rescheduled at a later date. Once the hearing is in progress, the judge asks the alien to verify the contents of the NTA that was received. If the judge determines that the alien’s NTA “is correct and that the alien can be deported, the alien is given the opportunity to apply for any form of relief from deportation” (“Deportation,” 2013). In addition, if the alien is eligible for relief and wants to apply, a different hearing will be scheduled – or if the alien is not eligible, they will be given an order for deportation. In the case that another hearing is scheduled, the alien will have the chance to give a testimony and have witnesses testify, and then, the judge will make the final decision. If the alien has been ordered for deportation, “the alien has 30 days from the date of the decision to appeal the decision to the Board of Immigration Appeals (BIA)” (“Deportation,” 2013). If the BIA decides against the alien’s deportation, the alien has a final chance to take their case to the U.S. Court of Appeals where it will be decided if the decision was favorable or unfavorable.

It is important for immigrants to understand the process of what could happen if they are facing deportation or removal. Deportation and removal can be especially devastating if children are separated from their parents since it could be possible that the immigrant may never be allowed to reenter the United States. Immigrant families should be informed of their options, such as seeking an attorney, so that they can protect their legal rights and discuss their case. Spreading education about deportation and removal is the best way to protect immigrant families across the world.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resources

Deportation. (2013). Retrieved June 29, 2017, from http://immigration.findlaw.com/deportation-            removal/deportation.html

FY 2016 ICE Immigration Removals. (2016). Retrieved June 29, 2017, from             https://www.ice.gov/removal-statistics/2016