Deportation and Removal from the Country

Deportation is the process through which the United States government may remove an alien residing in the country and prohibit his or her return. Below you’ll find some basic information about deportation, although if deportation is a possibility in your situation, you should consider consulting with an experienced immigration lawyer in your area as soon as possible.

1. In what circumstances can an alien be deported?

Generally deportation proceedings are initiated when the government has determined that an alien has violated either immigration or criminal laws, or both. Some of the most common infractions include the following:

  • Not legally in the United States under current immigration law;
  • Has violated a condition of entry into the country;
  • Helped another alien enter the country illegally;
  • Engaged in a fraudulent marriage to gain entry to the country;
  • Has one or more criminal convictions;
  • Has committed voter fraud;
  • Has engaged in activities that threaten national security or public safety.

2. What are the consequences of deportation?

Once an alien has been deported, it is usually permanent, i.e., he or she cannot legally return to the United States even to visit.

3. How does the deportation process work?

When an alien is suspected of breaking the law, the Bureau of Immigration and Customs Enforcement (ICE) sends a Notice to Appear (NTA) to the alien detailing the reasons for possible deportation or removal. This NTA is also sent to the immigration court, and a hearing is scheduled. The hearing is then held at its scheduled time and the judge determines whether the alien should indeed be deported.

4. Can an alien appeal a deportation order?

Yes. An alien who has received a deportation decision may appeal to the Board of Immigration (BIA). An adverse decision by the BIA may be appealed to the United States Court of Appeals, and an adverse decision there may be appealed to the United States Supreme Court.

5. Do I need a lawyer if faced with deportation?

As deportation is often permanent, you are strongly advised to consult with an immigration lawyer if faced with deportation.

For fuller information regarding deportation, be sure to check out the U.S. Immigration Support.