Deportation from the United States
| Immigration Articles >> Deportation >> Deportation from the United States |
 |
 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 (formerly known as the INS) issues deportation orders because the individual has somehow
broken the law. In 1996, a law was introduced that called for the deportation of
non-United States citizens who received a jail sentence for
over one year. Under this legislation, it does not matter if the sentence was later suspended
or mitigated. Regardless, individuals can be
deported for various crimes that range from petty theft to something more
serious such as murder. Individuals can also be
deported if
they committed the crime prior to the 1996 legislation. While there is the possibility of
appealing orders of deportation, the odds are minimal. After the terrorist
attacks of 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 and
deported illegal
immigrants, permanent residents, and other non-United States citizens who have
previously engaged in criminal activity. Supporters
of this legislation argue that these individuals, along with others, could pose a threat to
national security and public safety and should therefore continue to be deported
from the country. Those against these types of deportation measures argue that because
the law is retroactive it is unfair and deporting individuals for minor crimes
only breaks up families. Critics of the legislation also claim 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 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 especially for them.
The Department of Homeland Security (DHS) was created after the terrorist
attacks of September 11 to more effectively deal with terrorism and security
issues. DHS along with immigration agents have more actively prosecuted 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. In cases of deportation, individuals 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. Because immigration laws are constantly changing,
immigration attorneys generally have the most vast and up to date knowledge
pertaining to immigration law. 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, it is important for individuals to always be on the lookout
for fraudulent immigration lawyers.
Related Articles:
|
Back to Immigration Articles
