Williamson Law Office, PLLC702-851-1191702-743-1491 (Spanish)HomeContact UsImmigration AttorneysFree ClassesImmigration BlogImmigration TipsImmigration BlogDeportation is one of the crucial issues that the United States government has to deal with on a daily basis. Often in many public discussions and forums, immigration policy is grossly over-simplified. However, the grim reality of how an individual moves from the United States to their country of origin is a very complicated process.
There are a few important points to note when dealing with deportation and immigration issues. First, illegal immigrants who entered the United States illegally and remain in the United States are accorded the least amount of due process. Lawful residents who committed a crime are accorded the most amount of due process.
Secondly, the deportation process is a three-step process. The first involves issuing a warrant of arrest. These arrest warrants are different from police warrants, and an ICE officer can issue such warrants once a reason has been provided that a resident is an illegal immigrant or is an alien resident who has broken immigration law. It should be noted that ICE officers and agents are also charged with enforcing such warrants.
The next step is the removal process. The removal process may happen in a number of ways. In expedited removal cases, individuals who have already been deported previously are immediately deported without any new hearings or phone calls. As such upon identification, these individuals are deported. Secondly, an individual may choose to go home voluntarily. This type of case is normally referred to as stipulation for voluntary departure. Technically, this is not deportation.
Third, individuals facing criminal charges yet are lawful residents may fight their case. This involves going before a judge, receiving a notice to appear for the hearing, contesting the charges and the presentation of facts on why the individual has violated immigration law. Such hearings may take a substantial amount of time and may also involve a number of continuances and adjournments.
Thousands of illegal immigrants are deported yearly once it is discovered that they do not have the right papers. Moreover, green card holders can be deported if they take part in criminal activities or withhold material information when registering. As such, all United States citizens, green card holders included, are expected to follow all the rules laid down by the law.
A person who is involved in crimes of a severe nature such as murder, assassination, cyber crimes, assault, etc. will face immediate deportation regardless of whether the individual is a United States citizen or just a green card holder. Moreover, other crimes of a less severe nature may also see green card holders face deportation. These include fraud, misrepresentation, polygamy, etc. It should be noted that deportation can happen at any point during an immigrant’s stay in the country.