<h2 id="section-1-deportationremoval-process">Section 1: Deportation/Removal Process</h2>
<h3 id="initiation-of-removal-proceedings">Initiation of Removal Proceedings</h3>
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Removal proceedings start when the Department of Homeland Security (DHS) files a "Notice to Appear" (NTA) with the Immigration Court. This document details why the individual should be removed from the U.S. You can learn more about NTA on the official <a href="https://www.dhs.gov/immigration-statistics/enforcement-actions" target="_blank" rel="noopener">DHS website</a>.
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<h3 id="hearings">Hearings</h3>
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<li>The process involves two main hearings:
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<li><b>Master Calendar Hearing</b>: This is the first hearing. It is mostly about going over procedures. The individual (called the respondent) must:
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<li>Say if they agree or disagree with the charges.</li>
<li>Explain any reasons why they should not be removed.</li>
<li>Apply for relief options, like asylum or cancellation of removal.</li>
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<li><b>Individual Calendar Hearing (Merits Hearing)</b>: This is the main hearing. At this hearing, the government needs to prove the charges are true. The respondent can:
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<li>Show their own evidence.</li>
<li>Present witnesses.</li>
<li>Give testimony to argue against removal.</li>
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<h3 id="relief-from-removal">Relief from Removal</h3>
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<li>If the government proves its case, the respondent can apply for different types of relief, such as:
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<li><b>Cancellation of Removal</b>: For lawful permanent residents who have lived in the U.S. for at least seven years, or for non-lawful residents who have been in the country for at least ten years and can show exceptional hardship to a U.S. citizen or lawful resident family member. Learn more about it on the official <a href="https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-8" target="_blank" rel="noopener">USCIS website</a>.</li>
<li><b>Waivers of Deportability or Inadmissibility</b>: Available if removal would cause extreme hardship to the respondent or their U.S. citizen family members.</li>
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Section 2: Reasons for Removal
Immigration Status Violations
- Overstaying a visa means staying in the U.S. longer than you are allowed to. Even if you entered the country legally, you must leave when your visa time is up. If you don’t, you can be removed.
- Entering the U.S. without a visa or sneaking into the country without going through an official entry point can also lead to removal.
- Violating the terms of your visa or green card, such as working when you are not allowed to, can cause you to be removed. Learn more about visa rules on the U.S. Department of State website.
Criminal Convictions
- If a foreign national is convicted of certain crimes, they can be removed from the U.S. These crimes include:
- Illegal drug offenses
- Firearms violations
- Espionage
- Domestic violence, stalking, or child abuse
- These criminal activities are taken seriously and can lead to removal proceedings. Read more about immigration-related crimes on the ICE website.
Immigration Fraud and Misrepresentation
- Committing marriage fraud means pretending to be married just to get immigration benefits. This is illegal and can result in removal.
- Providing false information when filling out immigration forms or pretending to be a U.S. citizen are forms of fraud. This kind of dishonesty can lead to removal.
- Misrepresentation includes lying to immigration officers or officials during the process. Honesty is crucial when applying for visas or green cards. More information can be found on the USCIS policy manual.
Section 3: Post-Removal Proceedings and Ethical Considerations
Stays of Removal and Deferred Action
- After a final order of removal, an individual can seek a stay to delay removal. This can be necessary while the person appeals the decision or because of important personal reasons.
- Deferred action is another option. It lets people stay in the U.S. and get permission to work for a limited time, usually for humanitarian reasons. More about this can be found on the USCIS website.
Ethical and Philosophical Considerations
- Having a court hearing and the chance to defend against deportation is a basic right. But some removal processes are very fast and might not be fair. This can lead to mistakes where people are wrongfully deported.
- More on this topic is available on the ACLU website.
Humanitarian and Access to Legal Representation
- Removing people who have lived in the U.S. for a long time, and who have family and community ties, can cause big problems. Families can be separated and communities disrupted.
- Not everyone facing removal can afford a lawyer. This makes it hard for them to defend themselves. Many organizations are trying to help by providing free legal aid. More information is available on the Immigrant Legal Resource Center website.
