Deportation is a serious judicial process that can disrupt lives, split families, and have long-lasting consequences for those living in the United States. Understanding why deportations occur and what legal defenses exist is critical for immigrants who may be at risk.
What Is Deportation?
Deportation, often known as removal, is the procedure by which the United States government removes a foreign national from the country for violating immigration laws. It is enforced by Immigration and Customs Enforcement (ICE) and monitored by the Executive Office for Immigration Review (EOIR).
According to the Department of Homeland Security, almost 185,000 persons were deported from the United States in 2022, with the majority being criminals or visa violators.
Common Reasons for Deportation
Immigrants can face removal proceedings for various reasons. Some of the most common causes include:
1. Visa Violations
- Overstaying a visa is one of the most frequent reasons for deportation.
- Working without authorization can also put individuals at risk.
- Failing to maintain visa conditions, such as not attending school on a student visa, can trigger removal proceedings.
2. Criminal Convictions
- Aggravated felonies, including drug trafficking, murder, and violent crimes, can lead to immediate deportation.
- Crimes of moral turpitude, such as fraud, theft, or domestic violence, may also make an immigrant deportable.
- Some minor offenses can result in removal if they violate immigration laws.
3. Unlawful Entry or Reentry
- Entering the U.S. without proper documentation is a deportable offense.
- Re-entering the U.S. after a previous removal order without legal permission can lead to severe penalties, including long-term bans from returning.
4. Fraud or Misrepresentation
- Providing false information on immigration applications or using fake documents can result in removal.
- Marriage fraud—where an individual enters into a fraudulent marriage to obtain a Green Card—can lead to deportation and criminal charges.
5. Public Charge Violations
- Immigrants who become dependent on government benefits (such as Medicaid or food assistance) may be subject to removal under the “public charge” rule, though this is subject to change based on current policies.
6. Security and Terrorism-Related Grounds
Involvement in terrorist activities, espionage, or posing a security risk to the U.S. can result in immediate deportation without eligibility for relief.
Legal Defenses Against Deportation
Facing deportation doesn’t always mean immediate removal. There are several legal defenses that immigrants can use to fight their case in immigration court. Immigration lawyers in Dallas often explore these options to provide relief for their clients.
1. Cancellation of Removal
- Available to both lawful permanent residents (LPRs) and non-permanent residents under certain conditions.
- For Green Card holders: Must have lived in the U.S. for at least 7 years, have no aggravated felonies, and demonstrate good moral character.
- For non-Green Card holders: Must have lived in the U.S. for at least 10 years, show good moral character, and prove that their removal would cause extreme hardship to a U.S. citizen or LPR family member.
2. Asylum and Protection Under CAT (Convention Against Torture)
- Immigrants fearing persecution in their home country due to race, religion, nationality, political opinion, or membership in a social group can apply for asylum.
- Individuals who face torture if deported may qualify for protection under the Convention Against Torture (CAT).
- In 2021, around 46,500 asylum applications were granted in the U.S., demonstrating that legal protection is possible for those in danger.
3. Adjustment of Status
- If an immigrant is eligible for a Green Card through family sponsorship or employment, they may apply for adjustment of status to avoid deportation.
- This often applies to those who have immediate relatives who are U.S. citizens or permanent residents.
4. Voluntary Departure
- Instead of facing a removal order, some immigrants may request voluntary departure, allowing them to leave the U.S. on their own terms.
- This can prevent the long-term consequences of a formal deportation order, such as bans on reentry.
5. Waivers and Appeals
- Some immigrants may qualify for a waiver of inadmissibility based on hardship to family members.
- Appealing a deportation order to the Board of Immigration Appeals (BIA) can provide additional time and opportunities for relief.
6. U Visa and VAWA Protections
- Victims of crimes (such as domestic violence or human trafficking) who assist law enforcement may be eligible for a U visa, which can lead to a Green Card.
- Immigrants facing abuse from a U.S. citizen or LPR spouse may seek protection under VAWA (Violence Against Women Act).
Steps to Take If You Are Facing Deportation
If you or a loved one is facing deportation, taking the right steps immediately can make a difference in the case outcome.
1. Do Not Sign Anything Without Legal Advice
- ICE officials may pressure individuals to sign voluntary departure forms, which waive their right to a hearing.
2. Gather Important Documents
- Immigration records, work history, medical records, and family ties in the U.S. can support legal defenses.
3. Contact an Immigration Lawyer
- Seeking legal representation from immigration lawyers in Dallas is crucial to exploring all available defenses and navigating the immigration court system.
4. Know Your Rights
- Immigrants have the right to remain silent, request a lawyer, and refuse unwarranted searches.
Deportation is a challenging and stressful experience, but immigrants have legal options to fight their removal. By understanding the common reasons for deportation and the available defenses, individuals can take proactive steps to protect their rights and stay in the U.S.
If you or a loved one is facing deportation, don’t wait—consult with KGW Law Firm today to discuss your legal options and secure a future in the U.S.
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