THE DEPORTATION PROCESS AND HOW TO FIGHT IT
By Christopher Kerosky
This article was published in the Sonoma County Gazette:
And in Spanish as a four-part series in La Prensa Sonoma:
https://www.laprensasonoma.com/articulo/article/deportacion-tus-derechos-pelea/
Under the Trump Administration, Immigration & Customs Enforcement (“ICE”) has begun to increase arrests and deportations of undocumented immigrants in communities across the country. It is important that immigrants know they have the right to defend themselves and fight their deportation in court. In many cases, this can result in an immigration judge deciding that the immigrants should not be deported; in some cases, they are awarded permanent residence and a path to citizenship.
However, if immigrants accept their removal, they are typically barred from the U.S. for 10 years or more. In all likelihood, their life in the United States is over.
This article will cover what immigrants can do under our laws to fight their deportation and remain in this country.
Bonding out of ICE Custody.
Many immigrants believe that if they are arrested, they have no choice but to accept their deportation. That is simply not the case. The important thing is not to sign any document which agrees to their departure from this country. Very often it is the case that a detained immigrant can get bonded out of custody quickly and defeat their deportation in court.
How does one get a friend or family member out of ICE custody once they’ve been taken? The answer to this question depends upon the situation. The government is required to hold non-citizens in jail if they were convicted of certain very serious criminal charges. If not convicted of any crime, then usually the person can be “bonded” out of jail if the bail set by the court is paid. The amount of the bond varies significantly depending upon the judge and the facts of the case.
Of course, the Trump Administration will likely make bonding out of ICE custody more difficult or more expensive. Already, Donald Trump has signed the Laken Riley Act into law, requiring the detention of immigrants accused of certain crimes – even if they have not yet been found guilty. There may be more attempts to get Congress to pass laws further limiting the right to bond out of ICE custody; but for now, that possibility exists for most immigrants.
Fighting Deportation in Court.
Even if immigrants are bonded out of jail, they are required to go to immigration court and convince an immigration judge why they should not be deported. If they ignore the court case, a deportation order will be issued by the court and they will probably lose any chance of ever becoming legal in the United States.
In court, it is often possible to beat one’s deportation. If immigrants have been in the U.S. over 10 years and have U.S. citizen or resident family members, they may be able to apply for “cancellation of removal”. This can often qualify them for a work permit while their case is considered, and if they prevail, they can be granted permanent residence by a judge. There are other situations when immigrants arrested by ICE may be able to dismiss their deportation case if they have a U.S. citizen spouse or child, or they have been a victim of a crime, or they can prove that they would be harmed if they are returned to their home country.
Even if denied relief by an immigration judge, immigrants are often entitled to several appeals including to the Ninth Circuit Court of Appeals, where an independent panel of three federal judges will consider their case.
All of these legal rights have thankfully existed for decades and protect our immigrant population from being deported in violation of the law.
NOTE REGARDING POSSIBLE FUTURE CHANGES IN DEPORTATION PROCEDURES BY THE TRUMP ADMINISTRATION
NOTE: Although there have not been any significant changes yet in the court procedures applying to persons the government is trying to deport, it is likely that the Trump Administration will try to expedite and simplify those procedures in the future.
************************************************************************
CHRISTOPHER KEROSKY has practiced immigration law for over 25 years and is currently a Professor of Law at Empire College of Law. Contact him at: www.KGimmigrationlaw.com
WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.