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The Supreme Court has been releasing a number of highly controversial opinions so far this summer, and one that’s gotten less attention but is no less consequential is the ruling in Johnson v. Arteaga-Martinez.
In this ruling, the Supreme Court held that while the government has to secure the removal of a noncitizen who is ordered removed within 90 days, there’s nothing in the statute that requires the government to afford a detained individual a bond hearing.
The implications of the decision mean that a non-U.S. citizen who’s been ordered removed and can’t be sent back to their country could have to stay for an inordinate period of time without the automatic right to a bond hearing.
Under the new ruling, the government’s under no obligation to offer a detained noncitizen a bond hearing after six months or prove in a hearing that the person is a danger to the community or a flight risk. It doesn’t mean people won’t receive a bond hearing, it just means it’s not required.
All of this brings to attention the issue of deportation as a whole in the United States.
What exactly happens when you’re deported? How does the process work?
What is Deportation?
What does deportation mean?
Legally, deportation is a removal. The federal government is ordering a non-citizen to be removed from the U.S. Deportation can occur for several reasons, but it most often occurs after an immigrant violates a law. It can be an immigration law or a criminal law.
After someone is deported, they can lose the right to ever return to the United States again, even as a visitor.
The process of removal is a legal proceeding, and aliens subject to removal proceedings have legal rights before they’re removed.
An alien may be subject to deportation if they:
- Are an inadmissible alien according to immigration laws when they entered the U.S. or as an adjustment of their non-immigrant status.
- Is in the U.S. while violating the Immigration and Nationality Act, or any other U.S. law
- They violated a condition of entry to the U.S. or a nonimmigrant status
- Ended a conditional permanent residence
- Encouraged or helped another person illegally enter the U.S.
- Engaged in marriage fraud to get into the U.S.
- Were convicted of criminal offenses
- Didn’t register or falsified documents related to entering the U.S.
- Participated in illegal voting
- Engaged in any activity that could endanger public safety or create a national security risk
How Does the Removal Process Work?
The deportation process is the legal removal of a foreign person from the United States, done when that person violates immigration laws.
The U.S. Citizenship and Immigration Services (USCIS) is an agency within the federal government that manages lawful immigration into the country. Then, there’s another agency which is the Executive Office for Immigration Review (EOIR), which oversees proceedings when a foreign national goes in front of an immigration judge.
The EOIR is part of the Department of Justice.
During a removal hearing, the goal is to determine whether individuals are subject to removal. The formal process starts with the Department of Homeland Security filing a Notice to Appear.
In a Notice to Appear, the individual is told they’re to appear in front of an immigration judge.
The Notice includes information about the nature of the proceedings and the legal authority they’re being brought under. It includes the alleged acts that violated the law, the charges filed against the foreign national, and the consequences of failure to appear at the hearing.
In most of these removal proceedings, the individual will admit they’re removable but then go on to apply for different forms of relief.
The first hearing in someone’s immigration case is known as the master hearing. The master hearing can occur as a standalone, or it can be the first of a series of hearings before a removal trial.
At the first master hearing, a foreign national can set future hearings so they can get documents and evidence and carry out discovery or wait on their status if they have a pending application with the USCIS.
During a master hearing, immigration judges will ask the foreign national or their lawyers their name, address, whether they’ll be represented by an attorney, and if they need a translator.
If the foreign national admits there’s sufficient basis for removal, then the master hearing is the final hearing.
During a DHS deportation case, the trial is known as the individual hearing. In the individual hearing, it’s up to DHS to provide clear and convincing evidence that someone is removable. The attorney for the foreign national will make an opening statement if they have one. Other things that happen during an individual hearing include preparing exhibits and examining witnesses, and the lawyer or foreign national will try to make the case that removal is not the right course of action.
Foreign nationals who are detained by DHS can be released if they pay bond. Bond is money paid as bail that the person gives up if they don’t show up at their hearing.
After a Removal Order Is Issued
Once a case is registered against a foreign national, they attend a hearing. If that hearing goes against the immigrant, ICE issues a document which is called a Bag and Baggage letter.
The Bag and Baggage letter includes details about where you’re supposed to report so you can travel to your native country.
If you’re deported, the U.S. government does cover the travel expenses. If you were on bail, you aren’t sent back to the detention center, and with some restrictions, you can travel. You can also leave on your own, called a voluntary departure.
There may be situations where you can’t leave by your specified date, usually because of a pending legal situation or a medication condition. If you need more time, you can file an application with ICE, which is Form 1-246, Application for a Stay of Deportation or Removal. If it’s accepted, you can extend your time to deportation by what’s listed in the application.
There are sometimes cases where immigrants don’t get a letter, and they’re deported right away.
That’s why it can be a good idea to file for a Stay of Deportation at your hearing. A judge will ask if you want an extension, and then you can fill out the I-246.
If you ignore your Bag and Baggage letter purposely or accidentally, your case moves onto the fugitive unit.
A police team is responsible for tracking you down and arresting you. The arrest can happen anywhere. Then, you’re taken to a detention center, where you stay in custody until arrangements are made for you to travel back to your home country. You can’t file a Stay of Deportation in this situation.
Appealing Deportation Orders
If you are to be deported, you do have some civil rights available to you that you can use. You can file a complaint with the Board of Immigrant Appeals if you believe your civil rights are being violated.
To appeal your deportation order, you have to file Form I-264, Application for a Stay of Deportation or Removal. This gives you more time in the U.S.
You will provide a variety of information about your identity, the length of stay you’re requesting, and the evidence you’ll submit.
If you complete the form, it needs to be returned to your closest ICE Field Office within 30 days of the court issuing an order of removal against you. If your appeal is accepted, as mentioned above, you can remain for the time that you requested.
Returning to the U.S. After Deportation
Once someone is court-removed from the U.S., they might be inadmissible for a certain period of time. This time period depends on why they were evicted, the prior removals they faced, and how many times they’ve been removed. The higher the numbers, the longer the inadmissibility period will be.
An immigrant is inadmissible if they were removed from the U.S. or they were present for over a year.
Once the inadmissibility period ends, the person who was deported can apply to come to the U.S.
To return following deportation, you have to file Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.
You have to ensure you file it with the right agency, and the instructions for how to do so are included on your Bag and Baggage deportation letter.
After you’re deported, you’re expected to stay outside the U.S. for at least five years. People who face five-year inadmissibility include individuals who were removed or deported at a U.S. port of entry or if they came to the U.S. and were immediately deported.
If you were issued a removal order at the end of your hearing in Immigration Court, you might not be able to return to the U.S. for ten years.
If someone were convicted of an aggravated felony or you’ve had more than one order of removal, you can’t return to the U.S. for at least 20 years.
Finally, if you entered without permission after you were removed, you may be banned permanently.