A Deportation is the formal removal that deport a alien person from a country. In U.S., a immigration judge orders deportation when a foreign nation violate the immigration law. U.S. Immigration and Customs Enforcement is tasked to enforce it.
The Deportation Process
The immigration system is a complicated structure and it can take several process before the final deportation take action.
Step 1: ICE finds someone who is potentially deportable and put them into the deportation process. Situations may cause someone deportable include:
- Individual is stopped by ICE/CBP agents
- ICE received criminal information from local law enforcement
- Immigration benefits application is denied by USCIS
- Person asks for asylum at the border
Step 2: DHS decide whether to start a removal proceeding or deport the person immediately. Most people face deportation would have the right to appear in a removal proceedings with an immigration court. Unless the person was arrested on the border without a valid visa or asylum claim.
Step 3: Immigration court decides if the person can be legally deported. If the person wins, it will allow the person to stay in the U.S.. Otherwise, once the removal order is signed by the immigration judge, DHS has the right to remove the person from the U.S.. A appeal can be filed towards the negative outcome at this point.
Step 4: ICE decides if the person can by physically returned to the home country. Not everyone can be deported even with a removal or deportation order. It involved with the person's citizenship and DHS's transportation resources.