A person is subjected to deportation (removal from the United States if the United States government is convinced, they have violated U.S. immigration law. Deportation applies to people that are not American citizens, otherwise known as non-citizens.
Most commonly a foreign national (non-American; citizen of another country) will be deported if they have done one or more of the following:
1. Violated the terms and conditions of their visa
2. Participated in criminal acts
3. Are a threat to public safety
A foreign national (non-American; citizen of another country) could be held in a detention center before trial or deportation. After a foreign national (non-American; citizen of another country) is detained, they may go before a judge in an immigration court during the deportation (removal) process. In some cases, a foreign national (non-American; citizen of another country) is subject to expedited (faster) removal without being able to attend a hearing in immigration court. Expedited removal may happen if a foreign national (non-American; citizen of another country):
Comes to the U.S. without proper travel documents
Uses forged (fake) travel documents
Does not comply with their visa or other entry document requirements
An immigration court of the U.S. Department of Justice (DOJ) hears the related case. If a judge rules (decides) that the deportation should proceed, the U.S. Immigration and Customs Enforcement (ICE) carries out a removal order. Before removal is carried out, you might be able to leave the U.S. at your own expense. This is known as voluntary departure.
You may appeal some deportation rulings. Before appealing the ruling, acquire the legal services of a U.S. attorney. You may also be able to find help from a non-profit legal organization to lower your costs. For questions about filing an appeal, contact a USCIS office. If you feel that your civil rights have been violated, learn how to file a complaint with the Department of Homeland Security.
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Most people are deported by air, meaning that the United States flies them out of the United States at the United States’ expense (the United States government pays the costs). Others may use a combination of air and ground transportation.
A foreign national (non-American; citizen of another country) who have committed non-violent crimes may be subject to Rapid REPAT. They can be released from prison to voluntarily return to their country of origin.
Rapid REPAT:
U.S. Immigration and Customs Enforcement (ICE) identifies and removes criminal aliens (non-American; citizen of another country) from the United States. The ICE Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program is designed to expedite that process by allowing select criminal aliens (non-American; citizen of another country) incarcerated in
state prisons to accept early release in exchange for voluntarily returning to their country of
origin.
In November 2007, ICE began meeting with state executive agencies to discuss the concept of ICE Rapid REPAT as part of the ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) initiative. The concept, implemented in Georgia and Rhode Island, is modeled after two programs in the states of New York and Arizona that capitalize on ICE’s ability to more effectively identify and ultimately remove criminal aliens (non-American; citizen of another country) from the United States while still preserving the integrity of the criminal justice system.
There are seven states currently participating in ICE Rapid REPAT: Arizona, Georgia, Maryland, New Hampshire, New York, Puerto Rico and Washington. ICE field offices continue to reach out to state agencies to present ICE ACCESS partnership opportunities, including ICE Rapid REPAT.
The ICE Rapid REPAT program allows ICE to more effectively achieve its objective of
identifying and quickly removing criminal aliens (non-American; citizen of another country) from the United States. The identification and processing of incarcerated criminal aliens prior to release reduces the burden on the taxpayer and ensures that criminal aliens are promptly removed from the United States upon completion of their criminal sentence.
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Eligibility Criteria for Rapid REPAT:
Criminal alien is at least 18 years of age
Criminal alien is not a native or citizen of the United States
Criminal alien voluntarily consents and agrees to participate in ICE Rapid REPAT
Criminal alien is imprisoned pursuant to a final conviction for an eligible non-violent offense
Participating state certifies that removal of the criminal alien is appropriate and in the best interest of the state
Criminal alien has exhausted, or has freely and voluntarily waived, all administrative and judicial appellate rights to contest the alien’s criminal conviction
Criminal alien agrees in writing to fully cooperate in obtaining a travel document; and
Criminal alien has been advised that re-entry into the United States requires his/her return to participating state’s custody to serve the remainder of the sentence and that s/he may be subject to prosecution including enhanced penalties
While it is not guaranteed, a person that has been deported from the United States might gain permission to return (re-enter) the United States. This is called “readmission to the United States”. Your legal return to the United States will commonly be allowed after five (5) years, ten (10) years, twenty (20) years, or may never be approved again (denied for life). Though most people that have been deported from the United States are denied re-entry for a period of ten (10) years, every case’s decision depends on the specific circumstances of the case.
You will most likely will be denied re-entry to the United States after being deported for five (5) years if:
If you, without reasonable cause, failed (to include refusal) to attend or remain within an immigration court proceeding (left before it was over)
If you were removed or deported through removal proceedings when you first arrived in the United States
If you were removed or deported at a United States border/port of entry based on a finding that is inadmissible
You will most likely will be denied re-entry to the United States after being deported for ten (10) years if:
If an Immigration Judge ordered your deportation via a removal hearing, rather or not you were present or absent (attended or not)
You will most likely will be denied re-entry to the United States after being deported for twenty (20) years if:
If you have tried to illegally re-enter the United States after being deported before. This means that the period of time that you have been denied re-entry to the United States has not ended before you have tried to re-enter after your previous deportation
You will most likely will be denied re-entry to the United States for life (permanently) if:
If you have been convicted of an aggravated felony
If you re-entered the United States illegally after being deported
Be aware that because of your deportation, your visa or green card could be cancelled completely. Your case can be reopened or reconsidered new evidence in your favor that show an injustice occurred against you or anything else in your favor. In most cases, the decision is not changed, and you will have to start all over if you wish to re-enter the United States legally.
Deportation from the United States and re-entry into the United States are complicated processes that demand you acquire the professional legal services of a U.S. immigration attorney. Good luck!
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