Deportation, a process that involves the removal or expulsion of a foreign national from the United States for not complying with the country’s laws, affects millions of people who live, work, or study in the U.S. without legal status or have lost it for various reasons.
This phenomenon, with legal, social, and humanitarian ramifications, impacts not only the individuals involved but also their families and communities. Below, we will explore the details of the deportation process and the options available for those facing this challenge.
Is Deportation Avoidable?
Deportation from the United States is not inevitable if the foreign national has solid legal defense or can request immigration relief that allows them to remain in the country. Several defenses and forms of relief can be presented before an immigration court or USCIS, such as:
Cancellation of Removal
This allows one to avoid deportation by demonstrating prolonged residence, good moral character, no serious criminal background, and potential extreme harm to a U.S. citizen or permanent resident relative.
Asylum
This offers protection to those who fear persecution in their home countries for reasons such as race, religion, nationality, political opinion, or membership in a specific social group.
Deferred Action
Exemplified by the DACA program, this temporarily suspends deportation and grants work authorization to certain foreign nationals who meet specific requirements.
Voluntary Departure
This allows one to avoid deportation if the foreign national agrees to leave voluntarily, without penalties or re-entry bans, as long as they comply with the established conditions and deadlines.
These are just a few of the strategies available to avoid or stop deportation, and it is advisable to seek legal advice to choose the best defense based on specific circumstances.
Causes of Deportation
People can be deported from the United States for reasons of inadmissibility or deportability. Inadmissibility prevents entry or stay in the country due to factors such as lacking a visa, committing fraud, having contagious diseases, terrorist ties, or convictions for domestic violence, among others.
Deportability, on the other hand, refers to grounds for expulsion for those already in the U.S., such as violating the terms of their immigration status, committing serious crimes, engaging in illegal activities, or having a deportation order.
Consultation and Resources
For information and assistance regarding deportation, several sources are available:
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USCIS: Details about the process, rights, forms, fees, and additional resources.
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USAGov: General information on deportation, appeal of orders, and readmission to the U.S.
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USCIS Hotline: Inquiries about cases, appointments, address changes, or complaints.
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ICE: Location of detained individuals, verification of deportation orders, and custody review requests.
Employment with a Deportation Order
Finding employment with a deportation order is challenging, as most employers require proof of identity and work authorization. Foreign nationals with a deportation order lack these documents, and working without authorization can worsen their legal situation.
