What are deportation proceedings? understanding the U.S. removal process

Deportation proceedings, also known as removal proceedings, are the legal process through which the U.S. government determines whether a non-citizen should be removed from the country. This process involves several steps and can impact immigrants with or without legal status.

What are deportation proceedings?

Deportation proceedings refer to the formal legal actions initiated by U.S. Immigration and Customs Enforcement (ICE) against an immigrant suspected of violating immigration laws. These cases are handled by an immigration judge in the Executive Office for Immigration Review (EOIR).

The goal of these proceedings is to determine whether the individual should be deported from the USA or allowed to remain.

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Who can be placed in removal proceedings?

An individual may face deportation for reasons such as:

• Overstaying a visa
  
• Entering the U.S. without inspection
  
• Committing certain crimes
  
• Violating the terms of a visa or green card
  
• Threats to public safety or national security
  

Even immigrants with valid visas or green cards can be deported if they commit specific offenses or violate U.S. immigration law.

The Deportation Process: Step by Step

1. Notice to Appear (NTA)
   The process begins when ICE issues a Notice to Appear, stating the reasons for deportation and the court date.
   
2. Master Calendar Hearing
   The immigrant attends a preliminary hearing where the judge reviews the case, asks what the respondent plans as a defense, and schedules future hearings. Immigrants may be represented by an attorney (at their own expense).
   
3. Individual Hearing
   The immigrant presents evidence and legal arguments in favor of their request for relief from deportation. They may be represented by an attorney (at their own expense).
   
4. Immigration Judge’s Decision
   The judge decides whether to order removal or allow the person to stay in the U.S.
   
5. Appeals and Deportation Order
   If the judge issues a deportation order, the immigrant may appeal. If the appeal fails, ICE carries out the deportation.
   

Can you come back after being deported?

Yes, but there are restrictions. In most cases, you must wait several years and apply for special permission known as Form I-212 (Permission to Reapply for Admission). If you get deported, reentering the U.S. without authorization is a serious offense and may lead to criminal prosecution, jail time, and a permanent bar on lawful entry.

How to stop a seportation 

In some cases, it’s possible to stop deportation through:

• Asylum or withholding of removal
• Cancellation of removal
• Adjustment of status
• Prosecutorial discretion 
• Motions to Dismiss or Terminate Removal Proceedings
• Appeals to the Board of Immigration Appeals (BIA)

If you receive a letter or notice of deportation, act quickly and seek legal assistance.

FAQs about deportation proceedings

What is the difference between deportation and removal proceedings?
They refer to the same legal process. “Removal” is the official term used in U.S. law, while “deportation” is more commonly used by the public and was the legal term in prior years.

Can a U.S. citizen be deported?
No. If you are a citizen, you cannot be deported. Still, naturalized citizens who are stripped of their citizenship due to fraud or criminal activity before their naturalization can be deported.

How can I get someone deported from the U.S.?
Only government agencies like ICE have the authority to initiate deportation. However, individuals may report suspected violations to immigration authorities.

Final thoughts about deportation proceedings

Understanding what deportation proceedings are is crucial for anyone navigating the U.S. immigration system. Whether you’re facing removal or supporting someone who is, knowing your rights and options can make a difference. Always seek professional legal advice when dealing with ICE, the immigration court, or possible deportation.

Our immigration law firm in Austin has specialists who, regardless of your situation, can provide the guidance needed to help you legally fight for your right to remain in the United States. Contact us now