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Deportation: A Comprehensive Guide to Legal Removal Procedures
Definition & Meaning
Deportation refers to the formal process of removing an immigrant, often called an alien, from the United States. This action typically occurs when the individual has violated immigration laws or poses a threat to public safety. Deportation is initiated by an immigration judge and does not involve criminal penalties. Following the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, deportation procedures were consolidated, and the process is now referred to as removal. U.S. Immigration and Customs Enforcement (ICE) oversees this function.
Table of content
Legal Use & context
Deportation is primarily relevant in immigration law. It can arise in various legal contexts, including:
Criminal law, when an immigrant is convicted of a crime.
Administrative law, involving violations of immigration regulations.
Family law, particularly in cases where family members are seeking residency or citizenship.
Users can manage some aspects of deportation cases with the right legal forms, which are available through platforms like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who entered the U.S. without a visa and is later convicted of a felony may face deportation proceedings.
Example 2: An immigrant with a valid visa who commits a serious crime may also be subject to removal under deportation laws.
Relevant laws & statutes
The primary law governing deportation is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. This act restructured the immigration enforcement process and established the framework for removal proceedings.
Comparison with related terms
Term
Definition
Deportation
Formal removal of an immigrant from the U.S. due to legal violations.
Exclusion
Preventing an alien from entering the U.S. based on inadmissibility.
Removal
Current term used for deportation processes, encompassing both deportation and exclusion.
Common misunderstandings
What to do if this term applies to you
If you or someone you know is facing deportation, consider the following steps:
Consult with an immigration attorney to understand your rights and options.
Gather all relevant documentation regarding your immigration status.
Explore legal forms and templates available through US Legal Forms to assist in your case.
Prepare for any hearings or appeals that may be necessary.
Find the legal form that fits your case
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