Removal / Deportation – Immigration Law
Due to changes in immigration law under the current administration, thousands of foreign nationals across the United States are being detained without inspection or in some cases, without the opportunity to be represented by counsel.
Common Misconceptions about Removal/Deportation –
Most people think that only undocumented illegal aliens get removed from the U.S. but in fact, any immigrant who violates the terms of their lawful presence in the U.S. can be removed. Many of these individuals are detained after having contact with local law enforcement for minor offenses they may have committed, such as a speeding ticket.
What Happens when an Individual is Detained?
Once processed by local law enforcement and determined to be having an unlawful presence in the United States, these individuals are handed over to the Department of Homeland Security. At this point, a custody decision is made, and the individual is processed by ICE at an Enforcement and Removal Operations office.
ICE may transfer an individual between detention facilities frequently and oftentimes, without an advanced warning to the foreign national, their family, or their immigration attorney. It is important to note that foreign nationals are still provided with an opportunity to have their own immigration attorney but that it is not the government’s responsibility to provide them with one. Every individual who is facing removal must be afforded a hearing before they are subject to removal from the U.S. It is imperative that they know what options they have to defend against being deported. It is imperative that they speak with someone who knows immigration law. An immigration attorney should be consulted as soon as possible.
How Does the Process of Removal/Deportation Begin?
The Executive Office of Immigration Review (EOIR) is the government agency which oversees all procedures involving removal and deportation which are brought before an immigration judge. The removal process begins with Form I-862, also known as a “Notice to Appear.” This document is served on the foreign national and it provides them with information on when and where the hearing is to take place, which law the proceeding is being held under, which alleged acts of the foreign national violated the law, and the consequences for a failure to appear at the hearing.
Because immigration law is in a constant state of flux and immigration laws are constantly changing, and there may be other defenses and forms of relief that might apply to a particular case, which is why it makes a lot of sense to hire an immigration attorney. If you or someone you know is being subject to removal proceedings, the attorneys at Gilles Law are here to help.