Who Is Deported From US, Who Isn’t?

The United States has a complex and multifaceted immigration system that determines who is deported and who is allowed to remain in the country. Deportation, also known as removal, is the process by which non-citizens are legally required to leave the U.S. due to violations of immigration laws or other legal grounds. This article explores the criteria for deportation, the categories of individuals who are prioritized for removal, and the exceptions or protections that allow some individuals to stay.

1. Legal Framework for Deportation

The authority to deport individuals is rooted in U.S. immigration laws, primarily the Immigration and Nationality Act (INA). The enforcement of these laws is carried out by federal agencies, including U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). The process of deportation typically involves:

• Apprehension: Detaining individuals suspected of violating immigration laws.
• Removal Proceedings: A legal process in immigration court where a judge determines whether an individual should be deported.
• Deportation: The physical removal of the individual from the U.S.

2. Who Is Deported From the U.S.?

The U.S. government prioritizes certain categories of non-citizens for deportation based on factors such as criminal history, immigration status, and threats to national security. Below are the primary categories of individuals who are deported:

A. Individuals with Criminal Convictions

Non-citizens convicted of certain crimes are a top priority for deportation. These crimes include:

• Aggravated felonies: Such as murder, drug trafficking, and firearms offenses.
• Crimes involving moral turpitude: Such as fraud, theft, or violent crimes.
• Drug offenses: Including possession, distribution, or trafficking of controlled substances.
• Domestic violence: Crimes involving abuse or violence against family members.

B. Immigration Violators

Individuals who violate U.S. immigration laws are subject to deportation. Common violations include:

• Unauthorized entry: Entering the U.S. without inspection or proper documentation.
• Overstaying a visa: Remaining in the U.S. after the expiration of a visa.
• Fraud or misrepresentation: Providing false information or documents to obtain immigration benefits.

C. Threats to National Security

Non-citizens deemed to pose a threat to national security or public safety may be deported. This includes individuals involved in:

• Terrorism: Suspected or confirmed ties to terrorist organizations.
• Espionage: Activities that compromise U.S. national security.
• Human rights violations: Participation in war crimes or other serious abuses.

D. Recent Border Crossers

Individuals apprehended at or near the border while attempting to enter the U.S. illegally are often subject to expedited removal. This process allows for rapid deportation without a hearing before an immigration judge.

E. Visa Violators

Non-citizens who violate the terms of their visas, such as working without authorization or failing to maintain their immigration status, may be deported.

3. Who Isn’t Deported? Exceptions and Protections

While the U.S. government has broad authority to deport non-citizens, certain individuals are protected from removal or may be granted relief. Below are the primary categories of individuals who are not deported:

A. Lawful Permanent Residents (Green Card Holders)

Green card holders are generally protected from deportation unless they commit certain crimes or violate immigration laws. However, even lawful permanent residents can be deported for:

• Aggravated felonies.
• Crimes involving moral turpitude.
• Abandonment of residency: Prolonged absence from the U.S. without proper documentation.

B. Asylum Seekers and Refugees

Individuals granted asylum or refugee status are protected from deportation as long as they maintain their status. Asylum seekers who are awaiting a decision on their application are also generally not deported unless their claim is denied.

C. Recipients of Temporary Protected Status (TPS)

TPS is granted to individuals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions. TPS recipients are protected from deportation and allowed to work legally in the U.S. during the designated period.

D. Deferred Action for Childhood Arrivals (DACA) Recipients

DACA provides temporary protection from deportation and work authorization to individuals who were brought to the U.S. as children. While DACA does not provide a path to citizenship, it shields recipients from removal as long as they meet the program’s requirements.

E. Victims of Crime (U Visa Holders)

Non-citizens who are victims of certain crimes and assist law enforcement in investigating or prosecuting those crimes may be eligible for a U visa. U visa holders are protected from deportation and may eventually apply for lawful permanent residency.

F. Individuals Granted Withholding of Removal or Convention Against Torture (CAT) Protection

Some individuals may be granted withholding of removal or protection under the Convention Against Torture (CAT) if they can demonstrate that they would face persecution or torture in their home country. While these forms of relief do not provide a path to citizenship, they protect individuals from deportation to the country where they would face harm.

G. Cancellation of Removal

Certain non-citizens may be eligible for cancellation of removal if they meet specific criteria, such as:

• Having lived in the U.S. for a continuous period (typically 10 years for non-permanent residents).
• Demonstrating good moral character.
• Proving that deportation would cause exceptional and extremely unusual hardship to a qualifying family member who is a U.S. citizen or lawful permanent resident.

4. Factors Influencing Deportation Decisions

Several factors influence whether an individual is deported or allowed to remain in the U.S.:

A. Discretionary Authority

Immigration officers and judges have discretion in certain cases to decide whether to pursue deportation. Factors considered may include:

• The individual’s ties to the U.S., such as family relationships.
• Their criminal history and behavior.
• Humanitarian considerations, such as health issues or fear of persecution.

B. Changes in Immigration Policies

Deportation priorities can shift with changes in presidential administrations and immigration policies. For example, some administrations prioritize the removal of individuals with criminal convictions, while others adopt a more lenient approach.

C. Access to Legal Representation

Non-citizens with access to legal representation are more likely to successfully challenge deportation and obtain relief. However, many individuals in removal proceedings do not have legal counsel due to financial constraints.