Gavin Howe
The deportation of immigrants who are lawfully present in the US is a complex issue that has been gaining attention in recent years. While US-born citizens are protected from deportation, non-citizens with legal status, including visa and green card holders, may face deportation for various reasons, such as violating immigration laws or committing certain crimes. Understanding the specific circumstances and seeking legal advice is crucial for individuals facing potential deportation or with concerns about their citizenship status.
| Characteristics | Values |
|---|---|
| Who can be deported? | Non-citizens, visa holders, green card holders |
| Reasons for deportation | Violating immigration rules, violating U.S. law, criminal convictions, prostitution, domestic violence, public safety threats, visa violations, unlawful presence |
| Rights of those facing deportation | Right to appeal, right to apply for legal forgiveness, right to a court hearing (unless they have been in the country for less than two years), right to a lawyer (must be self-funded) |
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What You'll Learn
Involvement in criminal activity
Lawful permanent residents (LPRs) can be deported from the United States for a variety of reasons, and involvement in criminal activity is one of the primary grounds for deportation. Criminal convictions can lead to deportation, and the specific crimes that can result in deportation are outlined in the Immigration and Nationality Act (INA).
The two main categories of crimes that put individuals at risk of deportation are aggravated felonies and crimes involving moral turpitude. Aggravated felonies under immigration law may differ from those under criminal law and can include serious crimes such as murder, rape, sex crimes involving minors, drug trafficking, weapons trafficking, and fraud involving substantial amounts. Crimes involving moral turpitude can include domestic violence, assault, DUI with injuries, and other offenses that may vary depending on state laws. Multiple convictions of crimes involving moral turpitude can lead to deportation, even if they occurred during the first five years after admission to the U.S.
Additionally, specific criminal activities can result in deportation, such as espionage, sabotage, violations of laws prohibiting the export of sensitive goods or technology, and any other criminal activity that poses a danger to public safety or national security. Drug crimes, illegal firearms possession or sales, human trafficking, terrorist activity, and document fraud are also grounds for deportation.
It is important to note that criminal-related grounds for deportation are not the same as criminal charges, and deportation hearings are not trials to determine criminal guilt. Some criminal grounds for deportation do not require an underlying criminal conviction. Furthermore, the expansion of immigration enforcement networks may result in local law enforcement agencies being less inclined to pursue criminal charges when suspects are likely to be deported.
If facing deportation due to criminal involvement, individuals should consult both criminal and immigration lawyers for assistance and to explore possible defenses and waivers to avoid deportation.
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Visa violations
Lawful permanent residents (LPRs) can be deported from the United States for a variety of reasons. While deportation is typically associated with illegal immigration, LPRs can also be deported for violating certain laws or engaging in criminal activity.
LPRs in the US can be deported for violating the terms of their visa. This includes people who carry nonimmigrant visas or green cards and can be deported if they don't follow certain rules. Some common visa violations that can lead to deportation include:
- Overstaying your visa: If a person remains in the country beyond the period of stay indicated on their visa, they may be subject to deportation. Overstaying a visa is a serious violation that can result in a person being banned from re-entering the country for a certain period of time.
- Working without authorization: Most nonimmigrant visas have restrictions on the type of work that can be performed. Working without the required authorization or engaging in unauthorized employment can be grounds for deportation.
- Failure to maintain status: LPRs must maintain their status by complying with the conditions of their visa. This includes maintaining a valid address, complying with any reporting requirements, and not engaging in activities that violate the terms of their visa.
- Violating the terms of admission: When entering the US, individuals must comply with the conditions of their admission, such as possessing valid travel documents and abiding by the intended purpose of their visit. Failure to do so can result in deportation.
- Public charge: Becoming a public charge within five years of entry into the US can be a ground for deportation. This refers to relying primarily on need-based government assistance for financial support.
- Voting in violation of the law: Non-citizens who vote in federal, state, or local elections in violation of the law can be deported. An exception is made for individuals who, based on parentage, reasonably believed themselves to be US citizens.
It is important to note that the consequences of visa violations can vary depending on the specific circumstances and the immigration laws of the country in question. In some cases, waivers or other legal options may be available to avoid deportation. However, seeking legal advice from an immigration lawyer is crucial to understand one's rights and options.
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Public safety threats
Lawful permanent residents, or green card holders, in the United States can be deported if they are found to be violating immigration rules or US law. While green card holders have similar rights to US citizens, they can be subjected to deportation proceedings if they commit a crime.
Green card holders can be deported if they are found to be involved in activities that threaten public safety or national security. This includes involvement in espionage, sabotage, or violations or evasions of any law prohibiting the export of goods, technology, or sensitive information. Additionally, green card holders can be deported if they are found to be assisting someone in entering the United States illegally.
Green card holders who commit crimes, including document fraud, drug offenses, and "aggravated felonies" as defined by immigration law, can be detained and deported. Even pleading guilty to avoid jail time can be grounds for deportation if it means admitting to a deportable crime.
In some cases, the Secretary of State or the President may determine that a green card holder's presence poses serious adverse foreign policy consequences or is a threat to national security, which can also lead to deportation.
It is important to note that the fear of deportation is very real for many green card holders, and they may feel anxious or scared to travel or even express their opinions freely. Seeking legal advice from both criminal and immigration lawyers is recommended if facing removal proceedings or potential deportability.
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Deportation appeals
Lawfully present non-citizens or immigrants may be deported from the US for violating immigration law. People who carry non-immigrant visas or green cards have certain rights to live and work in the US long-term, but they can be deported if they don't follow certain rules and avoid certain types of legal violations.
If you are facing removal proceedings or believe you might have become deportable, it is recommended that you get expert help from an immigration lawyer. You have the right to a hearing to challenge a deportation order, unless you waive your right to a hearing, sign a "Stipulated Removal Order", or take "voluntary departure". You also 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. You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge.
If you are arrested by the police, you have the right to a government-appointed lawyer, and you should ask for one immediately. If arrested, you have the right to a private phone call within a reasonable time of your arrest, and the police may not listen to the call if it is made to a lawyer. If you are detained by ICE or Border Patrol, you have the right to hire a lawyer, but the government does not have to provide one for you.
In most cases, an immigration judge's decision in a deportation proceeding can be appealed to the Board of Immigration Appeals (BIA). The BIA is the highest administrative body for interpreting and applying immigration laws. The BIA decides appeals by conducting a paper review of cases, but on rare occasions, it hears oral arguments of appealed cases, predominantly at its headquarters. BIA decisions are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts.
The US Supreme Court will consider whether federal appeals courts can review appeals from non-citizens claiming they will be killed or tortured if deported that are filed more than 30 days after a removal order is issued.
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Deportation waivers
Lawful permanent residents of the U.S. can be deported for a variety of reasons, including:
- Participating in Nazi persecution, genocide, torture, or extrajudicial killings, severe violations of religious freedom, or recruitment or use of child soldiers.
- Becoming a public charge (dependent on need-based government assistance) within five years of entry to the U.S.
- Voting in violation of any federal, state, or local law.
- Committing a crime.
However, for some types of deportability, the law might provide a waiver (legal forgiveness) that one can apply for. One such waiver is the provisional unlawful presence waiver. This waiver process allows certain immigrant visa applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens to apply for a waiver before leaving the U.S. for their consular interview. This process was developed to shorten the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while those relatives are obtaining immigrant visas to become lawful permanent residents of the U.S.
Even if a provisional unlawful presence waiver is approved, the immigrant visa process remains unchanged. The approval does not make one eligible for status adjustment in the U.S. The waiver only takes effect once the applicant departs the U.S. and appears for their immigrant visa interview, and a DOS consular officer determines that they are otherwise admissible to the U.S. and eligible to receive an immigrant visa.
If one has a final order of removal, exclusion, or deportation, they can obtain a provisional unlawful presence waiver by applying for and receiving approval for Form I-212, and then filing Form I-601A.
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Frequently asked questions
Even if you are lawfully present in the US, you can be deported if you are found to be violating immigration rules or US law. This includes visa holders and green card holders. If you are arrested for a crime, you should be cautious and seek legal advice.
Grounds for deportation include criminal convictions, prostitution, and domestic violence. Even an administrative error can lead to deportation.
If you are facing deportation, you should seek legal advice. You may be able to appeal the ruling and find help from a nonprofit legal organization.
