Introduction
The terms deportation and removal are commonly confused with those of recent immigrants, in large part because the terms are frequently used in almost identical contexts. Thus, adding to the illegibility of legal jargon and processes associated with removal from this country, this guide will serve as a clear and comprehensive explanation of deportation and removal as well as an elaboration on the two processes. More importantly, however, this guide will also enable readers to understand steps one can take to protect family and forestall their separation.
Define Deportation and Removal: Key Differences
Many people do not realize the many intricate details of the laws regarding immigration to and detention and removal of people from the United States. A large portion of the public uses the terms “deportation” and “removal” in loosely analogous ways. What they do not realize is that in the technical sense of the word, there are substantial differences between the two terms as they pertain to the different processes of formal removal of non-citizens from the United States and the consequences to those individuals going through the formal processes of deportation as opposed to removal. For example, the term “deportation” refers generally to the formal process for removing a non-citizen from the United States either due to reasons such as entering this country without permission (illegal entry without inspection, i.e. illegal entry) or because such individual poses a threat to “national security” or has been convicted of a serious or aggravated felony amongst other reasons for removal. On the other hand, “removal” refers generally to any number of formal judicial processes which would result in the formal “exile” of a non-citizen from the United States. Hence as noted above, all formal processes of “deportation” are considered processes of “removal.” However, not all formal processes of removal are considered processes of “deportation.”
Knowing the specifics of the deportation proceedings changes brought about by the 1996 IIRIRA and how they can impact you in your individual case can also be very crucial. Specifically, knowing that there are processes that an individual can go through while in deportation proceedings to contest their deportation, seek relief from removal and exclusion and even to appeal a deportation order issued by an immigration judge, within the strictures of the regulations (8 C.F.R. §1003.38) pertaining to the appeal of a deportation order.
Voluntary departure in removal proceedings is an alternative to removal for a wide array of removal charges that afford a non-citizen who is subject to removal the ability to depart the United States in an orderly manner. The ability of a non-citizen to seek voluntary departure in his or her removal proceedings is a very significant component to a non-citizen’s overall removal strategy because voluntary departure affords the non-citizen the best means by which he or she can return to the United States in the future. Thus, an individual with removal actions pending must have a full and complete understanding of deportation proceedings, voluntary departure, removal proceedings (exclusion and deportation), and the differing ways in which a non-citizen can be subject to and proceed through removal proceedings in order to help develop the very best overall removal strategy.
We are a capable and experienced defense law firm that can act immediately to defend a citizen of this country who is under indictment for a crime and also to defend that same individual in any deportation or exclusion proceedings that are concurrently occurring. The implications to a person’s ability to return to this country after a deportation (whether before IIRIRA was passed or after) are extreme and can severely affect that person’s ability to pursue most future immigration benefits. The implications to a person’s ability to seek relief from exclusion are also extreme and can severely affect that person’s ability to pursue future immigration benefits, including a grant of Political Asylum or an adjustment of status to that of a lawful permanent resident. Vasquez Law Firm is prepared to act immediately on your behalf in all instances where you are the subject of either deportation or exclusion proceedings, whether or not a prior deportation order was entered against you before or after IIRIRA was passed.
Explore the Legal Processes of Deportation and Removal
Deportation or removal from the US can be a terrible experience for anyone who has been living and working in the U.S. If immigration begins removal proceedings, that person will first receive a Notice to Appear (NTA) setting forth the reasons for such removal. In hearings scheduled by the court after the NTA is issued (for example, master calendar hearings), the person can tell the court that he or she is not removable and is eligible for various types of relief from removal.
Although due process is provided through individual merits hearings before an immigration judge, after investigation and charges have been issued through a Notice to Appear by Immigration, the immigrant in removal proceedings can have their case denied and they can be ordered deported or removed from the United States. In fact, more than half of the removal proceedings conducted through individual merits hearings result in an order for expulsion of the immigrant from the U.S. In these hearings, the immigrant has the ability to provide evidence, call witnesses, and present argument as to why he or she is entitled to relief from deportation.
Missing a hearing can result in an “in absentia” order of deportation or removal, which can affect future applications for residency and in some cases result in immediate deportation or removal from the US with little to no notice.
At Vasquez Law Firm, our deportation defense attorneys will work through every stage of removal proceedings to protect you and your right to remain in the U.S. Recent immigrants make up the majority of our clients, mostly Hispanics who we treat with the individualized care that they deserve. At Vasquez Law Firm, we are here to service all of your immigration needs and answer any questions that you may have. Importantly, all of the attorneys at Vasquez Law Firm are able to communicate with their clients in English and Spanish to accommodate every client’s language needs. At Vasquez Law Firm, we examine the charges that have been raised against you in your NTA and determine the possible defenses that are available to you. We then get together all of the necessary documents and evidence for your case to present in court. Early involvement from experienced deportation defense attorneys is critical in Immigration court. That is why Vasquez Law Firm has experience practicing before every Immigration court in Texas. And, because of the unique nature of deportation proceedings, we are available 24 hours a day, 7 days a week for same day and next day appointments for your emergency matters. Contact us today for your free initial consultation to discuss your removal proceedings.
Understand the Consequences and Defenses Against Deportation and Removal
Family is of utmost importance. However, there are instances where families are forced apart by the matter of deportation vs removal. Imagine being ripped from your family and having to worry about the immediate future of your family who is left behind while you are deported to a foreign country. Families are torn apart not just of the person who is deported, but also of their immediate family members. The report Deportation of Long-Term Residents states that there are many people who have lived in the U.S. for over a decade. These individuals have built roots and contributed to the U.S. economy and society. If they are deported, not only will they suffer a loss of 40% to 90% of their income in a short period of time, but also their immediate family will suffer greatly as well. This means that families will work long hours to try to make ends meet and in worst cases scenarios, there will be children who have to care for their younger siblings because there is no parent available to do so. Children who are left behind by their parents can suffer from severe anxiety and deep-rooted emotional pain even after they have been reunited with their parents. Similarly, parents who are deported suffer from extreme levels of sadness and anxiety while they are in detention awaiting removal.
Children can suffer from anxiety and be deeply saddened even years after being reunited with their parents. This can lead to a decrease in a child’s self-esteem as well as negative effects on other aspects of their life. The fear of removal can cause members of an immigrant’s community to disengage from society. The fear of removal can cause individuals in a community to disengage from society as a whole. Many individuals will decline help from authorities and decline an invitation to public events due to the fear that they may be removed while attending. They will be left to go through the removal process alone without the support of their community.
However, there are defenses to deportation and removal and ways for families to be reunited. For example, individuals who are fleeing from persecution can apply for asylum in the United States and seek protection from removal. In addition, there are individuals who are eligible for cancellation of removal. As long as they meet the requirements for cancellation of removal, they can seek relief from removal and remain in the United States with their families. Others may be eligible for Adjustment of Status to a lawful permanent resident (a “green card holder”) and therefore would not have to face the threat of deportation in the first place.
At Vasquez Law Firm, we are available 24 hours a day to help deal with deportation proceedings. We have free initial consultations and flexible payment plans to help meet our clients’ needs. You and your family’s future is worth the fight. We are here to guide you through the process.
Seek Legal Representation: Finding the Right Immigration Attorney
Being threatened with deportation can be a very overwhelming and scary time. Vasquez Law Firm has assisted with over 30,000 deportation vs removal cases and can navigate through this arduous process for you as well. Finding the right immigration attorney to handle your case can be very overwhelming. Reading through previous clients’ testimonials and the attorney’s background and experience can give you a better insight of who can best assist you in your deportation case.
Also, it is vital that you are able to communicate and have a good relation with the attorney as well as knowing the cost of their services as well as their payment structures before committing to them. In fact, statistics show that immigrants with representation are 5 times more likely to receive relief than those who are proceeding without representation.
Here at Vasquez Law Firm, we are very familiar with the deportation procedures and terminology. We have no cost immigration consultations as well as affordable payment options and we are bilingual and can service all of our clients in English and Spanish.
For individuals having trouble locating competent immigration attorneys, there are many organizations such as the American Immigration Lawyers Association (AILA), which is one of the largest non-profit immigration organizations, and they have a great directory of qualified immigration attorneys who can assist you in your deportation case as well as protect your rights.
Additionally, almost 60% of the immigrants currently in deportation proceedings do not have representation and could suffer serious consequences, including lengthy separations from their families. Don’t put your family through this stress and anxiety anymore. Get help today! Let us fight for you and your family’s future.
Conclusion
In order to find the proper assistance of individuals with pending removal proceedings, it is crucial to know the difference between deportation and removal and the processes involved that can have very different effects for individuals going through the immigration process.
Throughout this guide to deportation and removal, we explained in detail the removal processes of deportation and removal, the various ways in which an individual can be subject to removal, the different ways in which removal proceedings are commenced including with a Notice to Appear, what to expect in a removal hearing, the various deportation defenses available to individuals with removal proceedings pending, and more importantly, how an experienced deportation removal attorney can protect you and your family from removal in what can be an extremely stressful and very unfair immigration process.
Deportation is a painful process for a family, and at Vasquez Law Firm, we are here to help you 24 hours a day, 7 days a week. We have a large and experienced bilingual staff that can give you compassionate client service while being extremely knowledgeable in all aspects of immigration law. Don’t wait to contact us for a free legal consultation. If you wait too long, it could be too late. Contact us today.
Frequently Asked Questions
What is the difference between deportation and removal?
Deportation refers specifically to the formal process of removing a non-citizen from the United States due to reasons such as illegal entry or serious criminal convictions. Removal, on the other hand, encompasses a broader range of formal judicial processes that result in the exile of a non-citizen, including deportation.
Are all deportation processes considered removal processes?
Yes, all formal processes of deportation are considered processes of removal. However, not all removal processes are classified as deportation.
What are the implications of deportation and removal on future immigration benefits?
Deportation can severely affect a person's ability to return to the U.S. and pursue future immigration benefits, such as political asylum or adjustment of status to lawful permanent resident. Similarly, exclusion can also impact future immigration opportunities.
What is voluntary departure in removal proceedings?
Voluntary departure is an alternative to removal that allows a non-citizen subject to removal charges to leave the United States in an orderly manner. It is a significant option as it provides the best means for a non-citizen to return to the U.S. in the future.
How can individuals contest their deportation or seek relief from removal?
Individuals can contest their deportation and seek relief through various processes during deportation proceedings, including appealing a deportation order issued by an immigration judge, as outlined in the regulations (8 C.F.R. §1003.38).
Why is it important to understand deportation and removal proceedings?
Understanding the specifics of deportation and removal proceedings is crucial for developing an effective removal strategy, as it can significantly impact an individual's ability to navigate their legal situation and pursue future immigration benefits.
How can Vasquez Law Firm assist individuals facing deportation or removal?
Vasquez Law Firm is prepared to act immediately on behalf of individuals facing deportation or exclusion proceedings, providing experienced legal defense and guidance throughout the process. They offer bilingual legal services and are available 24/7 for urgent legal matters.
List of Sources
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- Expedited Removal Explainer - American Immigration Council (https://americanimmigrationcouncil.org/fact-sheet/expedited-removal)
- Explore the Legal Processes of Deportation and Removal
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- The Price of Cruelty: How Trump’s Mass Deportation Agenda Endangers Us All (https://nilc.org/articles/the-price-of-cruelty-how-trumps-mass-deportation-agenda-endangers-us-all)
- Understanding Legal Defenses Against Deportation | Weldon Law Group (https://weldonlegal.com/latest-news/understanding-legal-defenses-against-deportation)
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- Seek Legal Representation: Finding the Right Immigration Attorney
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