After a person is arrested or undergoes an investigation, a removal proceeding is scheduled to determine whether he or she will be deported. The immigrant receives a “Notice to Appear” (NTA) from Immigration and Customs Enforcement, part of the federal government’s Department of Homeland Security.
The removal proceeding is presided over by an immigration judge, who hears arguments from both the immigrant’s attorney and the USCIS (US Citizenship and Immigration Services), the government agency seeking deportations. The judge then hands down an order of termination, relief from removal, or a removal.
Grounds for Deportation in the United States
Anyone who is not a United States citizen can be deported. According to the U.S. Immigration and Nationality Act, foreign citizens can be deported for the following reasons:
- A person is in the country illegally (without a visa or green card).
- A person remains in the country after their visa has expired.
- A person remains in the country after their green card was terminated.
- A person used fraud to obtain their visa, citizenship, or green card (such as marriage fraud).
- A person violates the terms of their visa or green card.
- A person fails to notify immigration authorities of a change of address.
- A person falsely represents themselves as a U.S. citizen.
- A person helps smuggle an illegal immigrant into the United States within five years of the date of any U.S. entry.
- A person is convicted of a crime of moral turpitude, such as violent crime, kidnapping, theft, fraud, or conspiracy.
- A person violates certain terms of a protection order.
- A person fails to register as a sex offender.
- A person violates the Military Selective Service Act or the Trading With the Enemy Act.
- A person is engaged in spying, terrorism, or any threat to national security.
- A person becomes dependent on the government within five years of entry.
A U.S. citizen can only be deported if authorities can prove that they committed fraud while obtaining their green card or their citizenship.
Deportation Hearings & Removal Procedure
The removal process is initiated when the Department of Homeland Security issues a Notice to Appear (NTA). This document will list your personal information along with the reason you are being asked to appear, how you violated the law, and the consequences of not attending the hearing. The letter will also state that you have the right to an attorney at the hearing.
During removal proceedings, your case will be heard by an immigration judge. An Immigration and Customs Enforcement (ICE) attorney will argue the opposing side of your case, while your lawyer will argue your side of the case. There are four likely outcomes of this hearing:
- The judge will terminate removal proceedings.
- The judge will provide relief from removal.
- The judge will offer voluntary departure.
- The judge will order the deportation.