Deportation from the United States
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 When an individual is
deported, they are essentially being forced to
leave against their will. They do not have a choice as to whether they can
remain in the United States. Generally, the USCIS (the department that used to
be known as the INS) issue deportation orders because the individual has somehow
broken the law. In 1996, a law was introduced that allowed those who were not
citizens in the U.S. and that received a jail sentence for a year or longer to
be deported. It does not matter if the sentence was later suspended. They can be
deported for something minor that ranges from petty theft to something more
serious like murder. To make matters worse an individual can be
deported even if
they committed the crime in the past. While there is the possibility of
appealing the orders of deportation, the odds are against them. After 9/11, the
United States government has taken a more active stance on terrorism. In the
process of doing this, the U.S. government has aggressively sought out illegal
immigrants, permanent residents, and others who are not citizens of the United
States with some type of criminal activity for
deportation purposes. Supporters
argue that these individuals along with others that could pose a threat to
national security and public safety should continue to be shipped out of the
country. Those against these types of deportation measures argue that because
the law is retroactive it is unfair. They believe that some individuals that may
have had problems with the law in the past may now be law abiding individuals.
Since some of law breaking individuals may have turned their life around, some
argue that they should be given special consideration - especially if the crime
occurred years ago.
Essentially what the United States government has done is set up a one-strike
policy. Supporters of this policy argue that there should no be changes made
because doing so would send the wrong message to those who have committed
crimes. They believe if these individuals commit a crime, they should be held
accountable. More illegal immigrants started to be deported in the mid -1990s
when stricter immigration regulations were introduced as part of the Illegal
Immigration Reform and Immigrant Responsibility Act. The 1996 law which was
signed by President Clinton elevated some misdemeanors to felonies when it came
to immigration matters. It made it harder for illegal immigrants, permanent
residents. and non US citizens to remain in the United States if they committed
a crime. In addition, the deportation process was speeded up and judges no
longer had discretionary power when deciding a deportation case. Both children
and adults can be deported. Before
deportation they are usually held in a
facility that is said to closely resemble a jail like environment. Sometimes
individuals are detained for months, while other
deportations occur so rapidly
that their families do not find out until afterwards. One of the problems that
the United States encounters is that not all countries are willing to take back
those with deportation orders. In these cases, their deportation may be further
delayed. There are cases when the USCIS will make exceptions, but these do not
occur often. If there are large groups of individuals from the same country
being deported, the USCIS often arranges special flights during the week
especially for them.
The Department of Homeland Security (DHS) was created to more effectively deal
with terrorism and security in general after 9/11. DHS along with immigration
agents have more actively hunted down illegal immigrants and other non citizens
that may pose a threat to U.S. citizens and others residing in the country. In
the case that an individual unexpectedly receives an order for deportation, they
should immediately consult with an immigration lawyer. If they cannot do so
personally because they are being held in a facility, then their family should
take on this responsibility. They should avoid turning to immigration
consultants because even though they may be significantly cheaper, they are not
qualified to give legal advice. Also keep in mind that immigration consultants
cannot file an appeal. Immigration laws are constantly changing and the ones
that tend to be the most up-to-date on these matters are those who specifically
make a living by providing this type of information. They can petition on your
behalf while assembling a stronger case to halt the
deportation. It may also be
a good idea to consult with more than one immigration lawyer to get different
perspectives on the case. However, the individuals must always be on the lookout
for fraudulent immigration lawyers.
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