Deportation is a legal process which culminates in an individual resident being forcefully evicted from the country and transported to their country of origin or birth. The rules that govern deportation and how it should be done are outlined in the Illegal Immigration Reform and immigration Responsibility Act of 1996, which was signed into law by the then President Bill Clinton. In addition to laying down procedures for deportation, it also increased border patrol staffing and increased penalties against smugglers. The law also limited benefits, assistance and employment for aliens.
Initiation of deportation procedures usually begins with the potential deportee receiving a notice from the Department of Homeland Security. This usually compels them to attend a meeting before a judge. It is wise for the potential deportee in this instance to consult an immigration lawyer to increase the chances of receiving favorable decisions made. The notice usually explains the reason why the meeting has been set up, the reason why they are being considered for deportation and the ramifications of not showing up for the meeting.
During the meetings, the salient facts regarding the case as well as the potential deportee’s defense will be considered by the judge. The judge then decides if they are eligible for deportation or not. In the former case, one can appeal the decision under “relief from removal. This will necessitate another hearing, and following this, rule on the appeal.
Relief from removal could include factors such as a green card holder having lived in the United States lawfully for more than 5 years, and if they have never been convicted of a felony.