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What is deportation and how does it happen?

On Behalf of | Nov 18, 2022 | Deportation Defense

Many immigrants cross United States borders to start a new life, build a family, seek employment and find an education. It’s not uncommon to hear that thousands of immigrants and nonimmigrants are deported from the U.S. a year. Deportation is the act of removing a foreigner from the U.S. for violating immigration or criminal laws – it can even be demoralizing to know that you could face deportation if you don’t know your immigration laws and rights.

Immigrants facing deportation should know that they do have legal rights prior to their removal. Here’s what you should know:

Why would an immigrant be deported?

A deportation order may begin when an investigation is done on an immigrant or nonimmigrant, and, if it’s found they violated immigration or criminal laws, they may be detained and placed in a detention center.

The following are a few examples that might lead to immigration or criminal law violations:

  • Caught in a marriage fraud
  • Preformed illegal voting
  • Removed from a conditional permanent residence
  • Aided another immigrant in the unlawful entering of the U.S.
  • Convicted of serious criminal offenses
  • Failed to register immigration documents
  • Endangered public safety
  • Created a national security risk

At a detention center, immigrants will likely have to attend a court hearing while facing a judge to give testimony on their case. After the judge decides the sentence, immigrants and nonimmigrants typically have to return to their home country – however, the legal process for deportation can be a lot more complex for each individual.

Can you appeal a deportation order?

An immigrant or nonimmigrant may find that their rights were violated during an investigation. Immigrants have the legal right to appeal a deportation order before the order is fully enacted and the immigrant is removed from U.S. soil.

Creating a deportation order appeal can be difficult, however. Immigrants and nonimmigrants facing deportation may need to seek legal help when creating a strong appeal.