Approximately one in seven Americans are immigrants, and about one in eight have at least one immigrant parent. As a nation built in part by immigrants, the United States has long benefited from the energy and ingenuity immigrants bring to the country. While this has been beneficial economically, how does it affect families?
The following principles govern American immigration law: reunifying families, admitting immigrants with valuable skills, protecting refugees, and promoting diversity. US immigration law is largely contained in the Immigration and Nationality Act (INA). A total of 675,000 permanent immigrant visas can be granted by the United States each year under the INA.
However, there is also the possibility of deportation. In the U.S., deportation means formally removing a foreign national for violating immigration laws. According to TRAC Reports, as of September 25, 2022, Immigration and Customs Enforcement (ICE) held 25,134 in detention.
Grounds for deportation
There are many reasons why someone might be deported from the United States. Some of these grounds for deportation are serious, such as security risks or participating in criminal activity. Other minor reasons include failing to register for a required program or overstaying a visa. Regardless of the reason, being deported can be a difficult and harrowing experience.
Section 237 of the U.S. Immigration and Nationality Act enumerates the classes of deportable aliens, here’s an overview of some of the most common grounds for deportation.
Inadmissible Non-Citizens
These are non-citizens who are inadmissible at the time of admission or status adjustment for the following reasons:
- Present in violation of law: Any non-citizen present in the United States in violation of the INA, any other law of the US, or revoked documents in US admission.
- Violated nonimmigrant status or condition of entry: Any non-citizen who has failed to maintain their nonimmigrant status or those for whom the Secretary of Health and Human Services is non-compliant with the provisions under the INA.
- Terminated conditional permanent residence: Any non-citizen with permanent resident status who has had such status terminated on a conditional basis.
- Smuggling: Those who knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States.
- Marriage fraud: An non-citizen who obtained a visa or other documentation by fraud through entering into marriage within two years of the alien’s admission to the US, unless they can establish that the marriage was not contracted to evade any provisions of the immigration laws.
Criminal offense
Those non-citizens who are convicted for crimes involving:
- General crimes
- Moral turpitude
- Multiple criminal convictions
- Aggravated felony
- High-speed flight
- Failure to register as a sex offender
- Controlled substances: Those convicted in the US or a foreign country of a controlled substance, other than a single offense involving possession of one’s use of 30 grams or less of marijuana.
- Certain firearm offenses: Those non-citizens convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own or carry, any weapon, part, or accessory which is a firearm or destructive device.
- Miscellaneous crimes: Any non-citizen who at any time has been convicted or has been so convicted of a conspiracy or attempt to commit espionage, sabotage, treason, and sedition.
- Crimes of domestic violence, stalking, violation of protection order, crimes against children: Examples include domestic violence, stalking, child abuse, and violators of protection orders.
Failure to register and falsification of documents
- Change of address
- Failure to register or falsification of documents
- Document fraud
- Falsely claiming citizenship
Security and related grounds
Any non-citizen who has engaged, during or at any time after admission, in the following:
- Espionage or sabotage
- Violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, criminal activity which endangers public safety or national security
- Control or overthrow the US government
- Terrorist activities
- Foreign policy
- Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing
- Participated in the commission of severe violations of religious freedom
- Recruitment or use of child soldiers
Public charge
Those non-citizens who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry.
Unlawful voters
Any non-citizen who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.
Process of deportation
Generally, here’s how the deportation process goes:
- Before trial, the foreign national may be held in a detention center.
- The Immigration Court will hear the case (the immigration court is a component of the U.S. Department of Justice DOJ).
- To carry out a removal order, US Immigration and Customs Enforcement (ICE) must get the receiving country’s agreement and issue travel documents before the immigration judge rules that the person should be deported.
- In most cases, removals are carried out by air at U.S. government expense, although some removals may use air and ground transportation.
- Criminal non-citizens who have committed a nonviolent crime may apply for Rapid REPAT.
What happens to children when their parents are deported?
Deportation may result in you having to choose between the following options to care for your children:
Take your children with you
- Submit the essential documents such as passports, birth certificates, any protection or restraining orders you may have against anyone, or any ongoing court orders regarding child custody or parental rights.
- You also need to fill out a crucial information sheet.
Have someone bring the children to you
- Submit the documents such as those mentioned above, especially the children’s passports.
- If someone other than the parent will be transporting them, find out what documents they need.
- Obtain two certified copies of the children’s U.S. birth certificates, custody and child support orders, and medical and school records. Keep one set and give the other to the person caring for your child while you are separated.
Leave your children in the US with someone else
- If the children will be left with their other parent, it may or may not be necessary to obtain court orders.
- If the children are left with their grandparents, you could sign a Grandparent Power of Attorney, or the grandparent can sign a Caretaker Authorization Affidavit.
- If someone other than a grandparent is providing care, they will need to obtain custody or guardianship to have full powers to care for the child.
How does deportation affect families?
The American Immigration Council provided an overview of the threat of immigration enforcement to children:
- Detention and deportation of a parent increase a child’s risk of mental health problems like depression, anxiety, and severe psychological distress.
- A sudden separation from parents causes children to experience toxic stress, adversely impacting their brain development.
- In the six months following a raid or arrest, most children experienced four behavioral changes: children cried or were afraid more often; changed eating or sleeping habits; and were more anxious, withdrawn, clingy, or frustrated.
We are the leading law firm for immigrants
Jezic & Moyse is devoted to easing the burden of immigration on families. If you’re overwhelmed by the immigration procedure, know that you’ve got us on your side whether you’re looking for a family-based visa, assistance with naturalization or citizenship, or any of the other immigration services we provide. We know what it takes to approve your case and is here to help you every step. Request a consultation today.
- Peace of Mind: The most crucial benefit of hiring an immigration lawyer is peace of mind. Taking care of the immigration process on your own can be very stressful, but if you have a good lawyer, you will know everything will be take care of, and your chances of success will improve.