Detention and Deportation Explained

Detention and Deportation Explained

The U.S. government, through its Immigration and Customs Enforcement (ICE), uses detention as a means of both housing immigrants while they go through deportation proceedings and deterring prospective immigrants from entering the country without the proper documentation. Detention of an immigrant present in the U.S. without legal status is permissible if he or she may be a “flight risk” or a threat to public safety. Detaining an immigrant is the best way to secure the immigrant’s appearance at future deportation court proceedings. The most common reasons for detaining an immigrant are as follows:
  • The immigrant committed a crime.
  • The immigrant has an active order of deportation.
  • The immigrant appeared at the border without a valid visa prior to applying for asylum or refugee status.
  • The immigrant missed hearing dates in his or her deportation case (and thereby has an order of deportation).
Deportation or removal occurs when federal immigration authorities enforce immigration laws against immigrants who are present in the U.S. with no legal status. In other words, the Department of Homeland Security (DHS) will physically remove an immigrant from the U.S. by sending him or her back to either his or her native country or another country that is willing to accept the individual. The length of time that passes between an immigrant’s detention and an immigrant’s deportation can be considerable. Some immigrants remain in detention until they are removed from the country. Other immigrants are released and given a future court date to appear. If the government is successful in getting a deportation order for an immigrant, and there are no more available appeals of that order, the DHS will begin taking steps to physically remove the immigrant from the country. We are the California deportation defense lawyers whom you can turn to if you or a loved one is facing deportation proceedings, no matter what the reason may be. Regardless of the complexity or difficulty of the situation, Landerholm Immigration, A.P.C. has the experience, knowledge, and skills to advocate on behalf of you and your family throughout the course of any deportation proceedings. Contact our office today and let us answer all of your questions about removal proceedings and advise you of the best strategies for handling your case.
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