When Can the Government Deport You? How Does It Happen?

As a foreign national living in the United States, you can constantly live in fear of being sent back to your native land. The process is known as Deportation. When can the government take steps to deport you? What does the deportation process look like?

What Is Deportation and When Is It an Option for the United States Government?

Deportation is a legal proceeding, instituted by the federal government in the United States, whereby a “noncitizen” may be forced to leave the country for violation of immigration laws. Deportation proceedings may not be instituted against anyone who has obtained legal citizenship in the United States.

What Grounds May the Government Use to Deport a Noncitizen?

Generally, there are three instances where a noncitizen may become the subject of a deportation proceeding:

• When the noncitizen has participated in illegal or criminal acts
• When the noncitizen is considered to be a threat to public safety
• When the noncitizen has violated the terms of his or her visa

Can You Be Subject to Deportation for the Commission of Any Type of Crime?

Yes. Though the likelihood of being deported will be greater for conviction of a felony than for a misdemeanor, conviction for virtually any kind of misdemeanor can also be the basis for removal from the country. As a general rule, the only offenses that typically won’t put your residency status in jeopardy are so-called “petty offenses,” such as disorderly conduct, petty theft and ordinance violations.

Will a Green Card Protect You from Deportation?

No. A green card gives you lawful permanent residency but does not guarantee that you won’t be subject to deportation. Only U.S. citizenship can protect you from removal.

What Must Happen for You to Be Legally Deported?

Deportation is a process that can take some time to complete. Typically, the first step is some form of detention by Immigration and Customs Enforcement (ICE). If you have entered the country with forged travel documents, have come in without proper travel documents or have violated the terms of your visa, you may be subject to expedited removal, where you will be deported without the opportunity for a hearing in immigration court. In all other situations, you will be allowed to attend a hearing before a judge in the U.S. courts. The judge will hear testimony and consider evidence and issue a ruling (which may be for deportation). In some instances, you may have the right to appeal the ruling, but in other situations, ICE will have the authority to deport you. If that happens, the government will put you on a plane, at its expense, and fly you out of the country.

Contact the Proven Family Law Attorneys at Bailey & Galyen

At the law office of Bailey & Galyen, we have a comprehensive knowledge and understanding of the laws governing family law issues in Texas and can help protect your rights when you have been the victim of emotional abuse by a spouse, parent or other individual. We offer a free initial consultation to every client. To speak with a proven Texas family lawyer, contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.