Immigration: The Removal Process

Answer 1

When the federal government formally removes an alien from the United States, the removal process is known as deportation. In these cases, a number of violations have occurred in Immigration or criminal laws. An alien can lose the right to return to the U.S. once deportation occurs. The removal process is a legal proceeding, granting illegal aliens legal rights before being deported. These rights include challenging the constitutional or procedural grounds.

Classifications of Deportable Aliens

Several classes exist that can apply to a person subject to deportation which includes:

If immigration laws defined the person as an inadmissible alien at the time of entry into the country;

Violating a condition of entry into the country;

A conditional permanent residence status was terminated;

Aiding other illegal immigrants into the country;

Marriage fraud to come to the U.S.;

Presence in the U.S. violates the Immigration and Nationality Act;

Conviction of criminal offenses;

Unlawful voting;

Using falsified documents to gain entry into the U.S.; or

Creating a national security risk or endangering public safety.

More than 200 immigration judges conduct proceedings to determine individual cases in 53 immigration courts throughout the U.S. An immigration judge has greater authority to consider evidence since the federal rules regarding evidence does not apply in immigration court.

Removal Hearings

In order to determine whether or not certain aliens can be removed from the country, removal hearings are held. The removal hearing will determine if the alien is eligible for relief of removal, inadmissible or deportable. The Department of Homeland Security (DHS) is not responsible for initiating the removal proceedings. Before the DHS, the Immigration and Naturalization Service (INS) had this responsibility.

DHS serves the person with a Notice to Appear before an immigration judge. The notice explains the nature of the proceedings, acts that violated the law, right to have legal representation, and the consequences for failing to appear in court. Two findings are made by the immigration judge after the hearing. The judge makes a determination of removability and whether a form of relief is applicable.

Withholding-Only Hearing

A withholding-only hearing is held in order to determine whether or not a person is eligible for withholding of removal after an order to be removed. This may occur if certain conditions are applicable to U.S. law or the U.N. Convention against Torture (CAT), where the person might be granted asylum to remain in the U.S.