By definition: a person can be deported for overstaying a visa or for breaking serious laws, including immigration laws. The formal removal of a foreigner (an alien) from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated.
Although the US has had deportation procedures in writing for decades, I shall aim for a more contemporary review:
The one law that succinctly describes alien deportation in the US is 'The Illegal Immigration Reform and Immigrant Responsibility Act of 1996' (signed into law thereafter by Bill Clinton). In essence, this law expedited procedures to follow by which deportable aliens be deported by removing exclusion principles and limiting judicial review.
First of all it outlines the conditions by which deportation is subject:
- The individual is an inadmissible alien according to immigration laws in the US
- Is in violation of the Immigration and Nationality Act or any other U.S. law;
- Violated nonimmigrant status or a condition of entry into the U.S.;
- Terminated a conditional permanent residence;
- Encouraged or aided any other alien to enter the U.S. illegally;
- Engaged in marriage fraud to gain admission to the U.S.;
- Was convicted of certain criminal offenses;
- Failed to register or falsified documents relating to entry in to the U.S.;
- Engaged in any activity that endangers public safety or creates a risk of national s security; or
- Engaged in unlawful voting.
Though clear-cut and encompassing, the spirit of the law is very much flawed in this piece of legislation, as is evidenced by much protests and subjective enforcement, causing families to be separated and human rights trampled upon.
The affected immigrant ought to be cognizant that there are protections and sources of relief from deportation proceedings, such as: asylum, withholding of removal, adjustment of status if married to a US Citizen spouse, and cancellation of removal. It is prudent to invest in an experienced lawyer to appear before an Immigration judge to ensure your rights are protected.
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