Immigrants facing removal have many legal factors to consider. Being removed from your resident country has lasting impacts on your personal and professional life.
Knowing your rights is essential to protecting the wellbeing of you and your family. But what rights does an immigrant facing removal have?
In order to avoid deportation, immigrants must obtain the proper legal resources to maintain their legal status and implement the right strategies for their needs.
Understanding the Removal Process
Removals occur when a person is taken out of the country’s borders for any number of reasons. Also referred to as a “deportation”, the removal process is implemented and overseen by immigration officials.
Organizations such as the Immigration and Customs Enforcement (ICE) and the U.S. Citizenship and Immigration Services (USCIS) play prominent roles in the removal process.
Immigrants are subject to removal in cases where the terms related to their stay have been violated in some way.
Remaining in the country beyond the specified time period, submitting inaccurate information, obtaining employment on a tourist visa, or committing certain crimes can all lead to a person’s removal.
Your Rights When Facing Removal
Noncitizens in the U.S. have constitutional rights that must be considered when facing removal. Individuals have the right to obtain an attorney in order to prepare a case to defend their status within the country.
It’s not uncommon for immigration officials to attempt to streamline the removal process by having noncitizens agree to be removed prior to going through the courts.
So knowing your rights can prevent unwanted issues that result from being misled by immigration authorities.
Immigrants facing removal should get the legal resources to ensure that they can schedule hearings for their cases.
Unfortunately, noncitizens outside of the U.S. don’t have the same constitutional rights granted to those who’ve already entered the country’s borders.
This applies to individuals who aren’t allowed to enter the country. If there is a threat of persecution after being returned to their home countries, these individuals may submit requests for asylum.
Otherwise, noncitizens outside of the U.S. are typically subjected to an expedited removal process.
Court proceedings related to removals involve representatives of the USCIS and the individual facing removal, who may be subject to questions from attorneys and the presiding judge.
Immigrants may file an appeal with the Board of Immigration Appeals (BIA) in an attempt to overturn a judge’s decision.
Legal Protection Against Removals
The right immigration attorney helps you navigate the legal process as it relates to a potential removal.
The Fourth Amendment protects all people residing in the U.S. against unlawful searches and seizures. This right applies to noncitizens in the U.S. and is the basis for your legal protection against deportation.
If an application for removal relief has been submitted, noncitizens have the right under the Fifth Amendment to have their applications reviewed by immigration court judges.
Your attorney can provide you with the information you need to determine the best options for your case. Immigrants who’ve been taken into custody should consult with their attorneys before providing information to immigration officials.
Noncitizens facing removal must also consider the needs of their families. Establishing Power of Attorney and other important steps can ensure that your spouse and children are protected regardless of the outcome of your case.
Knowing what rights you have as an immigrant facing removal gives you full protection under the constitutional laws. You’ll make your way through the process quickly and effectively while securing the outcome you want for your case.
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