Persons who entered the country without immigration control or who did not comply with entry or stay requirements may be deported expeditiously
With the issue of mass deportations carried out by the current Donald Trump administration, it is important to mention that not all U.S. removals are carried out in the same manner. While some undocumented immigrants face expedited removals without the right to a judge, others have the opportunity to have their case reviewed in an immigration court. Here, we explain the different removal processes.
Types of deportation
The U.S. Department of Homeland Security (DHS) uses these main repatriation methods: ordinary removal, expedited removal, returns, and voluntary departures.
- Ordinary removal or deportation: These are mandatory removals of aliens based on a deportation order that may carry administrative or criminal consequences for future attempts to enter the country. Most deportations are carried out through an immigration court process, in which a judge decides whether a person must leave the United States. It applies to overstayers, undocumented immigrants and those with criminal offenses.
- Expedited Removal: This is a removal without an immigration court hearing, unless the person applies for asylum. It usually applies to non-citizens who are apprehended 100 miles (160 kilometers) or less from the border, or within 14 days of arrival without valid documents. However, the current Administration has widened this margin and is applying it to people who have been in the country for up to two years without papers. This type may involve penalties equal to or more severe than an ordinary deportation, and the person may face problems re-entering the country or applying for a visa.
- Returns: This is very similar to expedited removal and applies to persons who have violated immigration laws, who are returned to their country of origin without undergoing formal proceedings. Unlike removals, however, returns are generally quicker and often do not require a hearing before an immigration judge. They usually apply to persons apprehended near the border or shortly after entry who agree to leave voluntarily. However, despite being a less formal process, returns can result in sanctions that may affect future attempts to enter the United States.
- Voluntary departure or “self-deportation”: It’s an option for immigrants who want to leave the United States on their own without further deportation proceedings and their legal implications, which would allow them, in principle, to enter the country in the future. This can be requested by those facing an immigration hearing. However, not everyone is eligible and the consequences of being detained may vary. It is also an option for those facing deportation to avoid a formal order.
To qualify for voluntary departure, the requirements differ depending on whether the application is made before or after the final hearing. For pre-conclusion (before the hearing) voluntary departure, you must apply on or before the day of your final hearing, acknowledge that you are in the United States without lawful status, waive or withdraw any application to remain in the country, demonstrate both the intent and financial means to depart, and show good moral character. For post-conclusion (after the hearing) voluntary departure, additional requirements include showing that you have lived in the United States for at least one year prior to receiving your notice to appear, posting a bond of at least $500, demonstrating intent and financial ability to depart, and maintaining good moral character for at least five years.
What happens when a person is detained and deported?
A person may remain in a detention center until the date of his or her immigration court hearing or until the day of deportation. It is possible to find out how to locate a person detained by U.S. Immigration and Customs Enforcement (ICE).
Those who entered the country without going through immigration control or who did not meet the requirements for entry or stay may be deported expeditiously. In these cases, an immigration court hearing is not required, as the deportation is executed under an expedited removal order. However, in other cases, the process may be lengthy, taking place before an immigration court judge.
Administrative Deportations
In terms of removals, there are a number of factors that can lead to deportation for administrative problems, including crimes or violations of immigration laws. These are the most common:
Deportation for aggravated felonies.
In these cases, removal proceedings are conducted due to the commission of aggravated felonies, i.e., the most serious crimes under immigration law. They include the following, among others:
- Homicide
- Drug trafficking
- Extortion
- Rape or sexual abuse
- Child pornography
- Money laundering
- Human trafficking
Deportation for violating immigration laws
Immigrants who attempt to commit visa fraud, falsify immigration documents, or lie during visa or immigration interviews (which are violations of immigration laws) may be deported. It is common for some immigrants to make human errors during their visa process, which may raise suspicions of fraud.
Deportation for violating immigration status
When a person is in the United States without papers or legal authorization or violates the conditions of their visa, they may be deported for violating their immigration status.
Deportation for illegal re-entry
Individuals who have re-entered the United States illegally after being deported face a second removal. However, such a basis for deportation can be removed through an immigration waiver, which is a waiver granted by the government, and for which a fee must be paid.
Non-citizens may appeal a deportation order by filing Form EOIR-29 with the office that issued the decision. Some may also be able to file Form 42B, Application for Cancellation of Removal and Adjustment of Status, to try to cancel the deportation and obtain permanent residence. / EL PAIS
