Legal Steps to Prevent a Loved One’s Deportation from the US

Published: September 10, 2024

Going through removal or deportation proceedings can be an immensely challenging experience. It can cause significant disruptions for the individuals deported and the families they’re forced to leave behind. 

The deportations of thousands of people every year also impose substantial financial costs on the federal budget. One research found that ongoing enforcement following initial deportations would cost approximately $315.7 billion over 20 years. 

Despite their far-reaching and devastating impacts, removals and deportations remain a substantial risk to families and communities in the US. In FY 2023, Enforcement and Removal Operations (ERO) intensified, resulting in 142,580 removals and 62,545 Title 42 expulsions. 

Reports of deportation can lead to persistent apprehension in mixed-status households sharing a home with at least one undocumented family member. Suppose you or a loved one is at risk of facing deportation or removal. Consulting an attorney with years of experience handling immigration cases can make the process less daunting. 

In this article, ALG Lawyers will discuss the possible legal steps to prevent a loved one’s deportation. But to start with, let’s understand the deportation process and the common grounds for becoming deportable and removed from the US. 

Overview of the Deportation Process

Deportation is the formal removal of a noncitizen, often for violating immigration law or perpetrating certain crimes, such as aggravated felonies. 

In the US, the Department of Homeland Security (DHS) and its primary law enforcement division, Immigration and Customs Enforcement (ICE), handle this deportation process. They investigate visa overstays, illegal entries, and immigration/criminal law violations. 

However, the DHS cannot deport individuals without first allowing them to present their case before immigration. In other cases, an individual arrested by Customs and Border Protection (CBP) without a valid visa or asylum claim may face expedited removal and be deported within hours. 

The deportation process involves a series of court hearings that determine the respondent’s fate. It starts with a Notice to Appear, a charging document specifying the alleged immigration violations. The notice should include the hearing date and time. Otherwise, you’ll receive a separate notification through mail. 

Removal proceedings can encompass anywhere from three to ten hearings. 

Suppose the judge rules that deportation is necessary. They will issue a removal order. ICE is responsible for handling the proceedings for removal. 

The adjudication process for deportation proceedings typically requires an individual hearing. The immigration judge will eventually make a decision after the merits hearing. If the government proves its case and the judge rules against the immigrant facing the proceeding, that individual can appeal or apply for different forms of relief from removal. 

Common Grounds for Deportation or Removal

Establishing the legal basis for deportation under the Immigration and Nationality Act (INA is imperative before removing a respondent. Under Section 237 of the Act, non-citizens may be deported or removed from the US based on numerous grounds, such as: 

• Participating in criminal acts
• Entering the US illegally
• Engaging in marriage fraud
• Violating your visa terms or other status
• Falsely claiming US citizenship
• Endangering national security
• Being convicted of other violations

Legal Steps to Prevent Deportation

The US government can deport any immigrant, including green card holders, for fraudulent activities and criminal offenses. However, it’s worth specifying that the final decision in removal proceedings isn’t solely based on the US Immigration and Customs Enforcement Agency (ICE).

Individuals facing deportation proceedings in the US have the right to a court hearing and legal counsel. Depending on your circumstances, an experienced immigration lawyer can help you avoid a formal removal process from the US through the following options: 

Cancellation of removal

Cancellation of removal is one the most common forms of immigration relief for non-permanent immigrants and lawful permanent residents placed in removal proceedings. This is only available once, meaning you cannot apply again if you previously received it under any immigration status. 

A request to have your removal canceled happens during an immigration court hearing. However, the specific procedures and qualification requirements depend on your immigration status. If you qualify for this relief, this process eliminates the removal order and allows you to remain in the US. 

Remember, the judge has the discretion to deny a request for cancellation of removal, even for permanent residents. To do so, you’ll need to meet specific requirements and provide compelling evidence in your application. 

Adjustment of status

In some cases, you may be eligible to seek an adjustment of status from a temporary non-immigrant to being lawfully permanent. This relief is based on employment or family sponsorship, meaning those who qualify are usually petitioned for by an employer, a spouse, or other family members. 

It’s crucial to note that the immigration judge will decide on the adjustment application if you or a loved one is in removal proceedings. Individuals with criminal convictions or those who missed court appearances and failed to depart after a voluntary departure grant cannot adjust their status. 

Application for waivers

Individuals facing deportation can also file a waiver to stop the removal proceedings, depending on your case’s circumstances. In most cases, you must prove that your removal would result in extreme hardship for your spouse, children, or parents. 

Likewise, the outcome of most applications for waivers depends on the immigration judge’s discretion. Evaluating the specific waiver you need and can qualify for can be an intricate process, making it all the more crucial to work with an experienced immigration lawyer. 

Voluntary departure

You may voluntarily leave the US without a specified timeframe ordered by a court. In contrast to being removed by an immigration judge, this option doesn’t make you automatically inadmissible from the US for a certain period. 

Although voluntary departure can’t stop your deportation, it can ensure you re-enter the country lawfully a few years later. It can also give you more time to prepare, usually granting you 60 to 120 days to depart the country. 

Requests for voluntary departure can be made before removal proceedings start or at any time during the process. However, those involved in aggravated felonies or terrorist activities aren’t eligible to leave the US on their own accord. 

Understand Your Rights to Avoid Becoming Deportable

Deportation or facing removal proceedings can significantly affect your chance to remain and work in the US. You may also face restrictions on your ability to re-enter or visit the country for more extended periods or even indefinitely. 

That’s why understanding your rights and the potential implications of immigration violations is crucial to avoid becoming deportable. At ALG Lawyers, it’s our top priority to safeguard our clients’ best interests. We can offer well-informed guidance and representation in any of your immigration concerns. Reach out to our team today for your first legal consultation.