Unlawful Deportation: Immigrants' Plight And Legal Conundrum

The deportation of immigrants is a complex and multifaceted issue that involves an interplay between immigration laws, constitutional rights, and individual circumstances. Deportation, the process of removing a non-citizen from a country, often arises from violations of immigration laws or criminal acts. While those who have entered a country illegally are primarily at risk of deportation, even immigrants with legal status, such as visa holders or green card residents, can face deportation if they break certain laws or fail to abide by their immigration status requirements. Understanding the specific grounds for deportation is essential for immigrants to know their rights and avoid legal pitfalls that may jeopardize their residency status.

What are the rights of immigrants in the US?

In the United States, immigrants' rights are civil and human rights. Numerous international human rights documents establish the principle that no human being can be "illegal" or outside the protection of the law. However, despite this, U.S. government policies continue to sanction human rights violations against migrants and immigrants. Federal immigration enforcement policies have led to an increase in racial profiling, border killings, and the denial of due process rights. Immigrant workers are often abused, exploited, and have become scapegoats and victims of racism and stereotyping.

Every year, the U.S. government detains hundreds of thousands of individuals in administrative immigration detention, including asylum seekers, longtime residents, children, and people with disabilities. Many of these individuals are detained for months or years while their immigration cases and any subsequent appeals proceed. In addition, many detainees are subject to "mandatory detention" and never receive due process in the form of a bond hearing to determine if their detention is necessary. As a result, many detainees are subjected to prolonged detention even though they pose no significant danger to public safety or flight risk.

U.S. immigration detention facilities have been criticized for their inhumane conditions, including the overuse of solitary confinement and sexual assault. Adults and unaccompanied children have been subjected to abuse, harassment, and mistreatment in short-term custody cells and facilities run by Customs and Border Protection (CBP) along the U.S. border.

Despite these challenges, there are organizations working to protect the rights of immigrants in the U.S. The American Civil Liberties Union (ACLU), for example, works in courts, legislatures, and communities to defend and preserve the individual rights and liberties guaranteed by the U.S. Constitution and laws. The Leadership Conference on Civil and Human Rights advocates for immigration reform that includes more paths to citizenship for longtime immigrants, fair and humane enforcement, family reunification, and strong civil rights protections for new working immigrants. Human Rights Watch uses a racial justice lens in its immigration and border rights work to protect basic rights, ensure the well-being of families and communities, and protect people from harm.

In summary, while immigrants in the U.S. face significant challenges and human rights violations, there are also dedicated organizations working to protect their rights and create a more welcoming and humane immigration system.

What are the grounds for deportation?

Deportation is the process of removing a noncitizen from the US for violating immigration law. US law contains a long list of grounds upon which non-citizens or immigrants may be deported back to their country of origin.

Criminal acts

The two main categories of crimes that can put you at risk of being deported are aggravated felonies and crimes involving moral turpitude. Aggravated felonies include very serious crimes such as murder, rape, many sex crimes involving minors, drug trafficking, weapons trafficking, fraud, money laundering, tax evasion, espionage, and treason. Crimes involving moral turpitude include crimes that involve fraud, theft, dishonesty, or an intent to harm people.

Visa violations

An individual may be deported if they violate the terms of their visa or other entry document requirements. This includes not complying with their visa requirements, using forged travel documents, or coming to the US without proper travel documents.

Marriage fraud

An individual who obtained a green card on the basis of a marriage that occurred less than two years ago and then had that marriage terminated within the next two years may be deported. Marriage fraud for the purpose of evading immigration laws is also grounds for deportation.

Smuggling aliens

An individual who knowingly helped smuggle aliens into the US before, during, or within five years of entering the country may be deported.

Sex offender status

An individual who did not register as a sex offender when required under any law may be deported.

Drug abuse

An individual who is addicted to or abuses drugs may be deported.

Providing false information

An individual who provides false information to immigration authorities or commits any other violation related to fraud or misuse of any entry document may be deported.

Terrorist activities

An individual who has engaged in or is likely to engage in terrorist activities may be deported.

Negative impact on foreign policy

An individual whose presence in the US would create serious negative consequences for the nation's foreign policy may be deported.

Human rights violations

An individual who has participated in acts of genocide, persecution, severe violations of religious freedom, or the recruitment or use of child soldiers may be deported.

Public charge

An individual who has become dependent on government assistance programs within five years of entry to the US may be deported if the reasons for becoming a public charge were present at the time they entered the country.

Failure to notify address change

An individual who fails to notify relevant immigration authorities of a change of address within 10 days of the change, unless they can prove that such a failure was not done deliberately or willfully, may be deported.

Other grounds

Other grounds for deportation include certain convictions related to controlled substances, firearms, and domestic violence.

What are the procedural differences between deporting lawfully and unlawfully admitted immigrants?

The procedural differences between deporting lawfully and unlawfully admitted immigrants in the United States are outlined in the Immigration and Nationality Act (INA). Deportation is the process of removing a noncitizen from the U.S. for violating immigration law. While immigrants who have entered the country unlawfully are generally deported for immigration-related charges, those who have been lawfully admitted face deportation for a wider range of criminal and immigration-related grounds.

Immigrants who have not been lawfully admitted to the U.S. face fewer procedural protections and exceptions than those who have been admitted lawfully. For instance, unlawful entry, use of forged travel documents, or failure to comply with visa requirements can result in expedited removal without the opportunity to attend a hearing in immigration court. On the other hand, lawfully admitted immigrants are often charged with criminal-related grounds for deportation, which require a hearing before an immigration judge.

Lawfully admitted immigrants with permanent resident status (green card holders) can become deportable for a variety of reasons, including criminal convictions, marriage fraud, failure to register as a sex offender, drug abuse or conviction, human trafficking, espionage, and violations of travel or documentation restrictions. Even green card holders who spend more than 180 continuous days outside the U.S. may be questioned by border officials upon their return and deemed inadmissible.

In summary, the key procedural differences lie in the grounds for deportation, the level of procedural protections, and the specific charges that trigger deportation proceedings. Unlawfully admitted immigrants are typically deported for immigration violations, while lawfully admitted immigrants face a broader range of potential deportation triggers, including criminal convictions and immigration violations.

How can immigrants protect themselves from deportation?

Even if you are an immigrant with a green card (lawful permanent residence), you can become deportable from the United States if you commit certain acts or crimes. U.S. citizens cannot be deported unless they used fraud to gain their green card or citizenship. Therefore, if you are an immigrant, it is worth applying to naturalize as soon as you are eligible.

Know your rights

Regardless of your immigration status, you have guaranteed rights under the Constitution. For example, you have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. If you wish to exercise this right, say so out loud. Anything you tell an officer can later be used against you in immigration court.

If you are over 18, carry your immigration papers with you at all times. If you are driving and are pulled over, show the officer your license, vehicle registration, and proof of insurance. You do not have to answer questions about your immigration status. However, if an immigration agent requests your immigration papers, you must show them if you have them with you.

If you are arrested by the police, you have the right to a government-appointed lawyer and should ask for one immediately. You also have the right to make a local phone call. The police cannot listen if you call a lawyer. If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives.

If you are detained

If you are detained while your immigration case is underway, you have the right to call a lawyer or your family. You also have the right to be visited by a lawyer in detention, and to have your attorney with you at any hearing before an immigration judge. Most people who are detained while their case is underway are eligible to be released on bond or with other reporting conditions. If you are denied release after being arrested for an immigration violation, ask for a bond hearing before an immigration judge.

If you are arrested

You have the right to a hearing to challenge a deportation order, unless you waive your right to a hearing, sign something called a “Stipulated Removal Order,” or take “voluntary departure”. You have the right to an attorney, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives. If you have no lawyer, ask the court to allow you time to find one.

If you fear persecution or torture in your home country, tell an officer and contact a lawyer immediately. You have additional rights if you fear returning to your country of origin.

If you are at home

If police or immigration agents arrive at your home, stay calm and keep the door closed. You do not have to let them in unless they have certain kinds of warrants. Ask if they are immigration agents and what they are there for. Ask the agent or officer to show you a badge or identification through the window or peephole. Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.

Don't lie or produce any false documents. Don't sign anything without speaking with a lawyer first. Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don't produce a warrant, keep the door closed and state: "I do not consent to your entry." If agents force their way in, do not resist. If you wish to exercise your rights, you can say: "I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible."

What happens when someone is deported?

Deportation is the act of removing a non-citizen from a country for violating immigration laws. In the US, Immigration and Customs Enforcement (ICE) handles the detention and deportation process.

Grounds for deportation

Deportation can occur when a non-citizen:

• Participates in criminal acts
• Enters the country with improper or forged travel documents
• Does not comply with their visa or other entry document requirements
• Commits an aggravated felony
• Has conditional permanent resident status but this is terminated
• Commits marriage fraud
• Fails to register as a sex offender
• Has been convicted of a drug crime
• Has been convicted of illegally buying, selling, possessing, or engaging in transactions concerning firearms
• Has been convicted of espionage, sabotage, treason, or sedition
• Has violated the Military Selective Service Act or the Trading With the Enemy Act
• Has committed or aided human trafficking
• Has failed to advise immigration authorities of a change of address
• Has provided false information to immigration authorities
• Has voted in violation of any federal, state, or local law
• Has lived in the country unlawfully
• Has engaged in terrorist activity
• Has participated in Nazi persecution, genocide, torture, extrajudicial killings, severe violations of religious freedom, or recruitment or use of child soldiers
• Has become a public charge (dependent on need-based government assistance)

The deportation process

If immigration officials suspect an individual of violating immigration laws, they will gather evidence and may place the individual in a detention centre. The individual will then go before a judge in an immigration court. If the judge rules that deportation should proceed, ICE carries out a removal order. The individual will receive a 'bag and baggage' letter with details of their deportation. The US government covers the costs of deportation.

Appealing a deportation order

If an individual has a good reason to delay their deportation, they can obtain an extension by filling out an I-246 form. If an individual fails to appear for their deportation, law enforcement officers will track them down and they will be sent to a deportation centre.

US law allows individuals to appeal a deportation order if they believe their civil rights are being violated. They can file a complaint with the Board of Immigration Appeals (BIA) and fill out Form I-264, Application for a Stay of Deportation or Removal.

Frequently asked questions