The deportation process rips apart families and even separates children from their parents. If you're under the threat of being deported in the United States, however, it's important to remember that this is a legal process and you have legal rights and options. You may even have the right to challenge your removal on constitutional and procedural grounds.
Those who are in the midst of the deportation process may want to familiarize themselves with the grounds for legal deportation from the United States.
The grounds for deportation
Individuals may be deported if they:
- Are classified as "inadmissible aliens" under U.S. immigration laws
- Run afoul of the Immigration and Nationality Act or any other federal laws
- Violated the conditions of their entry into the United States
- Violated their non-immigrant status
- Violated the terms of their conditional permanent residence in the United States
- Committed marriage fraud to obtain admission into the United States
- Helped another immigrant enter the United States unlawfully
- Have been convicted of certain crimes
- Falsified documents to enter into the United States
- Endangered the safety of the public or endangered national security
- Committed voter fraud
Fighting the deportation process
Every person who faces deportation proceedings has the right to legal representation and the right to defend themselves against deportation. However, if one of the above scenarios applies to you, and the prosecution can prove it beyond a reasonable doubt, you could be subject to deportation. Before the deportation actually occurs, though, you'll have the right to apply for "relief from deportation."
There are many ways to receive relief from deportation, including legal avenues like asylum, voluntary departure, administrative appeal and other strategies. The circumstances surrounding your situation -- the facts and circumstances of your deportation hearing -- and the situation you could face when returning to your nation of origin could affect the success of such strategies.
The number of deportations are currently on the rise
The threat of deportation is more severe than ever in the United States right now. Anyone who has paid attention to the news in recent months should be aware that immigration laws are being strictly enforced. If you are at risk of deportation, take the threat seriously. The sooner you pursue legal protection against deportation the better.