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What you need to know regarding U.S. deportations

What is deportation?

Deportation is the process of removal from the United States of an alien for violating the law.

You may be detained or deported if you have…

  • Illegaly entered the country.
  • Commit a crime or violate U.S. laws.
  • Repeatedly violate migration laws (disobeying permissions or flouting conditions to be in the country) and migration authorities are looking for you.
  • Being involved in criminal acts or threatening public order.
Who can deport you?

The U.S. Immigration and Customs Enforcement (ICE), which is the institution in charge of carrying out of executing deportation orders.

What should you do if an immigration (ICE) authority detains you?

  • Staying calm, fleeing could worsen the situation.
  • Providing full information. Remember that it is a better option to provide true information, so that your process can be properly carried out and your relatives can be aware of the detention. Additionally, you should also let authorities know if you need any medication in case you have a disease or allergy.
  • Communicating with your country of origin. Request to be in contact with your family or with your country’s General consulate.
  • Finding out if it is possible to begin the process of adjustment of immigration status; that way, it is possible to apply for a Green Card and become a permanent resident. You can do so through:

The deportation process is described below:

1The migrant is detained in an ICE detention center.

2A U.S. Department of Justice Immigration Court hears the case.

3In case of deportation, the immigrant’s country of origin must agree to accept and provide the necessary documentation the immigrant needs to leave the country.

4The U.S. government is in charge of taking people back to their countries, often by plane.

 

Importante

When arriving at the detention center migrants are provided with a “Final order of removal”

  • If you sign it,  you will be accepting to be illegal in the country, and you will be agreeing to attend a hearing with a judge. Your deportation will take 90 days. 
  • If you do not sign it,  you will need to wait to have a hearing with a judge who will decide whether you can stay or not.   If the answer is no, your deportation will take 90 days.

 

How do I know if I could be subject to a “quick order of removal”?

  • If you arrived by sea and were found during the two first years of your arrival.
  • If you were found 100 miles or less away from the border within the first 14 days of your arrival to the country.

How do I know if I can apply for a hearing with a judge to stay in the U.S.?

  • If you request asylum based on the S. Convention against Torture, or if you prove to be afraid of going back to your country of origin. An asylum officer will determine whether your fear is “believable” or not, through a one-to-two-hours-long interview, and you will know the answer one week later; if the answer is positive, you will be entitled to talk to a judge.
  • If you claim to share a legal bond with the U.S., but cannot prove so. In such case, an investigation will be conducted. If proofs are found, the Immigration Service will ask for a sworn letter and will provide a “quick deportation order”. After that, a hearing with an immigration judge will be held. He will then decide whether the deportation process continues or not.

 

  • If you consider your civil rights have been violated during the immigration, detention or deportation process, you can file a complaint with the Department of National Security.

If you have more questions on the deportation or appeal process, you can contact the U.S. Citizenship and Immigration Services (USCIS).

 

 

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