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What is Deportation?

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A Complete Guide to Immigration Removal

Introduction

Deportation, also referred to as immigration removal, refers to the process through which a government compels an alien to depart its territory because of a breach of immigration law or other legal grounds. It is a serious legal issue that can have lasting implications for families and individuals. Numerous individuals are deported because of lost visas, criminal offenses, or breaches of residency requirements.

This manual offers a complete picture of deportation, its reasons, legal process, rights of the person to be removed, effects, and how to avoid deportation. It also contains citations to government sources for legal and accurate information.

 

1. What is Deportation?

Deportation is the official removal of a person from a nation for failure to abide by its immigration policies. All governments around the globe have immigration regulations to control who may enter, reside, and work in their territories. If a non-citizen breaks such laws, the government can ask them to leave via deportation.

A. Who Can Be Deported?

Deportation may be applied to:

  • Foreign nationals who stay beyond the validity of their visas.
  • Persons who enter a nation illegally.
  • Legal residents (work permit holders or green card holders) who commit serious offenses.
  • Asylum seekers whose petitions have been rejected.
  • Individuals who have breached the conditions of their immigration status.

B. Difference Between Deportation and Voluntary Departure

  • Deportation (Forced Removal): A legal proceeding in which the state requires someone to depart.
  • Voluntary Departure:  An individual, signs a contract to depart from the country voluntarily before being deported.

Voluntary departure can enable the individual to re-enter legally in the future, while forced deportation can lead to legal prohibition of re-entry.

 

2. Common Reasons for Deportation

A number of reasons can result in deportation, such as immigration infractions, criminal activity, and security issues.

A. Immigration Violations

  1. Overstaying a Visa:
    • Tourists, students, or employees whose visas have expired can be removed.
    • A grace period is permitted in some nations, whereas others have stringent penalties.
  2. Illegal Entry or Border Violations:
    • Entering a country without proper documentation is a direct violation of immigration laws.
  3. Fraud in Visa or Residency Applications:
    • Providing false documents or misleading information can result in removal.

B. Criminal Offenses

  1. Serious Crimes:
    • In many countries, non-citizens convicted of serious crimes such as drug trafficking, violent offenses, and fraud may be deported.
  2. Multiple Misdemeanors:
    • Repeated minor offenses, such as theft or public disturbances, may lead to removal.
  3. Threat to National Security:
    • If an individual is considered a security threat, they may face deportation.

C. Economic & Employment Violations

  1. Unauthorized Work:
    • Working without a valid visa or work permit can lead to deportation.
  2. Public Charge Rule (In Some Countries):
    • In certain nations, individuals who become dependent on government benefits without legal permission may be asked to leave.

 

3. Deportation Process in Canada & USA

A. Deportation Process in the USA

The U.S. Immigration and Customs Enforcement (ICE) handles deportation cases. The process generally follows these steps:

  1. Arrest or Detention:
    • ICE can arrest individuals suspected of immigration violations.
    • Some are placed in detention centers until a court decision is made.
  2. Notice to Appear (NTA):
    • A document issued to the individual, stating the reasons for deportation.
  3. Immigration Court Hearing:
    • The person appears before an immigration judge.
    • They may present legal defenses or request relief from deportation.
  4. Deportation Order Issued:
    • If the judge rules for deportation, ICE arranges the removal.
    • Appeals may be filed if allowed.
  5. Physical Removal from the USA:
    • ICE enforces the deportation order by sending the individual to their home country.

Appeal Process in the USA:

  • Individuals can appeal to the Board of Immigration Appeals (BIA).
  • Some may seek asylum or protection under human rights laws.

 

B. Deportation Process in Canada

In Canada, Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) oversee deportation cases. The process includes:

  1. Issuance of a Removal Order:
    • The CBSA issues a removal order if a person violates immigration laws.
  2. Types of Removal Orders in Canada:
    • Departure Order: Person must leave within 30 days (can return later).
    • Exclusion Order: Bans re-entry for one to five years.
    • Deportation Order: Permanent ban from Canada unless special permission is granted.
  3. Appeal Process:
    • Some people may appeal to the Immigration and Refugee Board of Canada (IRB).
    • Those fearing persecution may seek asylum protection.
  4. Enforcement of Removal:
    • If no appeal is filed, CBSA arranges the deportation.

 

4. Consequences of Deportation

Deportation has several serious legal, financial, and personal consequences:

A. Legal Consequences

  • Re-Entry Ban: Individuals may be banned from returning for several years.
  • Difficulty Obtaining Future Visas: Deportation records affect future immigration applications.

B. Financial Impact

  • Many individuals lose jobs, homes, and financial stability.
  • Legal fees for appeals can be expensive.

C. Emotional & Social Impact

  • Deportation separates families and disrupts lives.
  • Some individuals face social stigma in their home country.

 

5. How to Prevent Deportation?

Several legal options are available to individuals facing deportation.

A. Legal Defenses Against Deportation

  1. Adjustment of Status:
    • Individuals married to a citizen may apply for a green card or residency.
  2. Asylum Claims:
    • Those fearing persecution in their home country may apply for asylum or refugee status.
  3. Waivers for Certain Offenses:
    • Some individuals can request a waiver for minor offenses.
  4. Work or Residency Permits:
    • Renewing legal documents on time can prevent deportation.

B. Seeking Legal Assistance

  • Hiring an Immigration Lawyer: A lawyer can help build a case and file appeals.
  • Contacting Immigration Agencies: Seeking help from non-profit organizations that assist immigrants.

 

6. Deportation and Human Rights Laws

Many international laws protect individuals from unfair deportation:

  • Refugee Protection: The 1951 Refugee Convention prevents the deportation of asylum seekers to unsafe countries.
  • International Human Rights Law: The United Nations (UN) and Amnesty International advocate for fair treatment of immigrants.
  • Appeals to the European Court of Human Rights (ECHR): Some individuals may appeal under human rights protection.

 

Conclusion

Deportation is a multifaceted legal process that impacts thousands of people annually. Whether as a result of immigration infractions, criminal offenses, or other legal grounds, deportation has dire ramifications for people and families. There are, however, legal avenues to contest deportation, apply for asylum, and pursue legal residency.

Through an understanding of immigration law, visa rules, and rights, individuals can take the required measures to avoid deportation and secure their future in their host nation. Any person threatened with deportation should obtain legal help and look into their options under human rights and immigration law.

 

Declaration:
The information provided in this article is for general guidance only. Readers are encouraged to conduct their own research and verify details from official sources before making decisions. We do not guarantee accuracy, and we are not responsible for any consequences arising from reliance on this content.


References

  1. U.S. Immigration and Customs Enforcement (ICE) – www.ice.gov
  2. U.S. Citizenship and Immigration Services (USCIS) – www.uscis.gov
  3. Immigration, Refugees and Citizenship Canada (IRCC) – www.canada.ca/en/immigration-refugees-citizenship
  4. Canada Border Services Agency (CBSA) – www.cbsa-asfc.gc.ca
  5. Immigration and Refugee Board of Canada (IRB) – www.irb.gc.ca
  6. United Nations Refugee Agency (UNHCR) – www.unhcr.org

 

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