Deportation and removal proceedings are two of the most important concepts in immigration law. In general, deportation and removal refer to the processes of removing non-citizens from a country.
The main differences between these two processes relate to the reasons for their initiation and the consequences they can bring.
Here, we’ll discuss deportation and removal proceedings, provide an overview of their impact on immigrants, and explain how to understand deportation orders.
What are Deportation and Removal Proceedings?
Deportation is the process of expelling a non-citizen from a country. This usually occurs when the non-citizen has done something to violate the terms of their visa or because they are deemed to be a threat to national security.
Removal is similar, but instead of expelling someone for violating the terms of their visa, it is used to remove a non-citizen who does not have legal status in the country. This might include someone who has entered the country illegally, overstayed their visa, or engaged in other activities against U.S. immigration laws.
Overview of Impact on Immigrants
Deportation and removal proceedings can have serious consequences for immigrants. Depending on the individual’s circumstances, they can be removed from the country and barred from re-entering for several years. They may also face criminal charges for violation of immigration laws.
In addition to the legal consequences of deportation or removal, these proceedings can have significant psychological and emotional impacts on immigrants.
Individuals facing deportation or removal may experience fear and uncertainty as they face the possibility of being separated from their family, friends, and community.
Understanding Deportation Orders
In this section, we’ll discuss when a non-citizen can be removed from the U.S., who is liable for the removal, and the grounds for deportation.
When can a noncitizen be removed from the u.s.?
A non-citizen may be removed from the United States if they have violated the terms of their visa or been found to pose a threat to national security. Depending on the circumstances, removal proceedings can be initiated by either the U.S. Department of Homeland Security (DHS) or an immigration judge.
DHS initiates removal proceedings in cases involving visa violations and national security concerns. An immigration judge can initiate proceedings if a non-citizen is found to have violated U.S. immigration law by engaging in activities such as working without authorization or overstaying their visa.
Who is liable for removal?
The individual facing deportation and removal proceedings is responsible for their removal from the U.S. However, employers or sponsors who are found to have enabled or encouraged their non-citizen employees or family members to violate immigration laws can also be held liable for facilitating their removal.
What are the grounds for deportation?
The grounds for deportation vary depending on the individual’s circumstances and the country they are removed from. Generally, most countries allow for deportation on the grounds of visa violations or criminal activity.
The U.S. has more specific grounds for deportation that include entering the country without inspection, engaging in marriage fraud, and committing certain crimes such as drug trafficking or committing violent acts against another person.
How does removal impact a noncitizen’s immigration status?
The impact of deportation or removal proceedings on a non-citizen’s immigration status can be severe. Depending on the individual’s circumstances, they may be barred from re-entering the U.S. for several years and have difficulty obtaining a visa.
In some cases, the individual may be eligible for asylum or other forms of immigration relief that can allow them to remain in the U.S. However, this depends on their circumstances and compliance with all relevant immigration laws.
Enforcement of Deportation Orders
In this section, we’ll discuss the responsibility for enforcing deportation orders and what methods are used to do so.
Who is responsible for enforcing deportation?
ICE (Immigration and Customs Enforcement) is responsible for enforcing deportation orders. ICE agents typically use two primary methods for enforcing these orders, apprehension, and deportation. Apprehension occurs when ICE agents detain individuals violating U.S. immigration laws and places them into removal proceedings.
Deportation, or removal, is the process of removing a non-citizen from the country. During deportation proceedings, a judge will decide whether or not to grant the individual a form of relief, such as asylum or cancellation of removal. If the judge decides the individual should be removed, ICE agents will be responsible for carrying out the deportation order.
What methods are used by the government to enforce removal?
The primary method used by the government to enforce deportation is through apprehension, which typically involves ICE agents detaining a non-citizen and placing them into removal proceedings.
In some cases, the government may also use expedited removal or administrative removal processes to deport individuals without giving them an opportunity for a hearing. These procedures are typically used for non-citizens who are inadmissible or have committed certain crimes.
What are the consequences of violating a deportation order?
The consequences for violating a deportation order can be severe. Individuals may face criminal charges, fines, and additional penalties, such as being barred from entering the U.S. for several years.
It is important to note that individuals can also be held liable for facilitating the removal of another person. The consequences for employers or sponsors found to have enabled or encouraged a non-citizen to violate immigration laws can range from fines to criminal charges.
The complexities of deportation and removal proceedings require the assistance of experienced legal professionals to navigate.
Noncitizens facing removal orders should familiarize themselves with their rights and remedies, as well as seek out resources for support and advice. Doing so can help ensure that they receive a fair proceeding and can remain in the country if possible.
Ultimately, each case is unique, and the outcome of removal proceedings can depend on various factors. Familiarizing oneself with deportation laws and regulations is the best course to ensure one’s rights are respected throughout each process step.
Neda Zaman Esq.
Immigration Attorney in Encino, Los Angeles
Services in English, Farsi, Arabic, Armenian, Turkish
Address: 16633 Ventura Blvd suite 510, Encino, CA 91436
Phone: +1(310)855-0992 | +1(818)290-3625