In Case of Arrest
When an immigrant is arrested and deported in the U.S., they go through a structured legal and administrative process.
Here is an outline of the typical steps involved though experiences may vary depending on individual circumstances, legal status, and the specific charges or violations:
1. Arrest
Apprehension by Immigration Authorities:
Immigrants may be detained by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) during workplace raids, traffic stops, border crossings, or other situations.
Initial Detention:
Arrested individuals are typically taken to a detention facility, where they are held until further processing begins.
2. Notice of Rights
Immigrants are informed of their right to remain silent and their right to legal representation (though not at government expense).
They have the right to contact their consulate for assistance.
3. Identification and Background Check
Authorities verify the individual’s identity, immigration status, and any prior criminal or immigration history.
Fingerprints and photographs are taken, and databases are checked for outstanding warrants or prior deportation orders.
4. Initiation of Removal Proceedings
Notice to Appear (NTA):
ICE issues a Notice to Appear in immigration court, outlining the charges and reasons for deportation.
In expedited removal cases (e.g., at the border), formal court proceedings may be bypassed.
5. Detention or Bond Hearing Detention:
Many immigrants are held in detention facilities while their case is processed. In some cases, they may be eligible for release on bond or parole.
Bond Hearing:
Individuals can request a hearing to argue for their release on bond while their case is pending.
6. Immigration Court Proceedings
Master Calendar Hearing:
A preliminary hearing where the charges are presented, and the immigrant can admit or deny them.
Merits Hearing:
If the individual contests deportation, this hearing is where evidence and arguments are presented. The immigrant may apply for relief, such as asylum, cancellation of removal, or protection under the Convention Against Torture (CAT).
7. Appeals
If an immigration judge orders deportation, the individual can appeal the decision to the Board of Immigration Appeals (BIA).
Appeals can sometimes be taken to federal courts, though the scope is limited.
8. Final Deportation Order
Once all appeals are exhausted or waived, and a deportation order is finalized, ICE arranges for removal.
Immigrants may be held in detention until travel documents are secured, and transportation is arranged.
9. Removal
Deportation is carried out by ICE, which coordinates with the immigrant’s home country to ensure return.
Immigrants are typically flown or transported to their country of origin.
10. Post-Removal Consequences
A deported individual may face legal bars to returning to the U.S. for a specific period (e.g., 5, 10, or 20 years), or in some cases, permanently.
In certain cases, deportees may face persecution or other challenges in their home country.
This process is complex, and timelines vary widely based on factors like legal representation, eligibility for relief, and whether expedited procedures are applied.