Deportation is the legal process of removing a non-citizen of the United States to his or her country of origin. Grounds for deportation include violations of criminal laws or immigration laws.
Nevertheless, there is a legal process that has to take place before the actual removal occurs. FindLaw describes some of the most significant steps in the deportation process.
The deportation process primarily takes place in immigration court. Before U.S. Immigration and Customs Enforcement can remove anyone, it has to issue a Notice To Appear and file it in court.
The information contained in the NTA includes information about the immigrant as well as the reasons for deportation, which may include the following:
- Unlawful voting
- Endangering public safety
- Criminal conviction
- Falsifying documents to enter the U.S.
- Violating a condition of entry into the U.S.
- Inadmissibility at the time of entry into the U.S.
Upon receiving a Notice To Appear, an immigrant has to attend a scheduled immigration court hearing. During the hearing, the judge will ask whether the immigrant needs more time or is ready to proceed.
Whether the immigrant asks for more time or chooses to proceed on the day of the hearing, the judge will eventually ask the immigrant to verify the accuracy of NTA contents.
Upon verifying the accuracy of the NTA, the immigrant then has the opportunity to apply for relief from deportation. The results in another hearing in which the immigrant can have witnesses testify and also give testimony on his or her own behalf.