The deportation and removal process in the United States is intimidating, to say the least. With the Trump Administration promising to keep cracking down on undocumented immigrants and sending Immigration and Customs Enforcement (ICE) agents into homes, offices, and even hospitals, it is more frightful than ever. But it is important to remember that everyone in the country has a certain set of rights, even if they entered without the proper paperwork. The first step in upholding those rights when facing the possibility of deportation is understanding the removal process itself.
How the Deportation Process Usually Unfolds
ICE has the power to detain any foreign national that commits a crime, has been deemed a hazard to the public, or violates visa agreements or immigration law. The USCIS is permitted to begin the removal process for anyone detained by ICE for valid reasons. The speed at which removal procedures are conducted will vary depending on the urgency of the case, but the overall process should remain somewhat universal.
A quick breakdown of the removal process includes:
- Foreign national or undocumented immigrant is detained by ICE. The duration of detainment can vary significantly between cases, often depending on whether or not the detained individual is believed to be a criminal suspect.
- An immigration court is assigned to hear the immigration case related to the removal procedure. Arguments can be made for or against deportation. It is highly recommended that a deportation defense attorney be retained before the court date.
- Removal will only proceed if the judge rules it is necessary, the individual’s country of origin or new receiving country agrees to the case stipulations, and all paperwork is completed by both countries and all parties.
- Foreign individual has the opportunity to file an appeal in most deportation cases. Ask your immigration lawyer if this is an option for you.
- After being deported, the foreign national may be able to apply for readmission to the United States. People with clean criminal records are often prioritized for readmission.
In some cases, you can voluntarily remove yourself from the country if you know you are being sought by ICE agents. To avoid detainment and other uncomfortable circumstances related to forced removal, voluntary departure may be favorable. Once again, talk to an experienced immigration law attorney before making such an important decision.
Top-Rated Immigration Lawyer in Louisiana
At Berry Appleman & Leiden LLP, we pride ourselves in providing highly-experienced legal counsel with a smile. When you work with our Lake Charles immigration attorney, you will quickly see that we really do care about you, your family, and your future here in the United States. If you are worried about deportation being in your future, then please do not hesitate to reach out to us for assistance. Dial 337.214.0670 to learn more. (We have offices in Lake Charles, Louisiana and also Houston and Beaumont, Texas.)