An undocumented immigrant is a person residing in the United States without authorization under federal immigration law. An undocumented person lacks immigration status and makes them removable under U.S. law, however, deportation is not automatic. Instead, the government must follow a formal legal process, and undocumented immigrants can have opportunities to challenge deportation or seek relief, depending on their circumstances. Understanding how this process works is essential for anyone facing immigration issues. Undocumented individuals facing removal should immediately contact an experienced immigration attorney to help protect their rights.
What is an Undocumented Immigrant?
An undocumented immigrant is a noncitizen who does not currently have lawful immigration status in the United States. This may include someone who entered the country illegally without inspection or someone who entered legally on a visa but remained after it expired. A child can also be undocumented. For example, a minor who was brought into the United States without inspection by a parent or guardian may not have lawful status. Undocumented status means the individual does not have valid authorization to stay under U.S. immigration laws.
Undocumented status alone does not result in immediate deportation. Instead, it makes a person “removable,” meaning the government has the legal authority to begin removal proceedings to determine whether they should be deported. Removal proceedings are a process that involves going to immigration court and arguing any defenses. Someone is not deported from the country until the immigration judge issues a Final Order of Removal. Only after this order is issued can Immigration and Customs Enforcement (ICE) enforce deportation. Until that point, the individual has the right to attempt to stop deportation and to participate in the hearings and to seek relief.
Can Someone Be Deported Automatically?
In most situations, deportation is never “automatic” This is because the U.S. government must follow rules and procedure to remove a person, despite the fact that the person is not in the country legally. Removal proceedings begin when the Department of Homeland Security issues a Notice to Appear upon the person. It contains identifying information, factual allegations, and states the specific immigration laws the government claims were violated. After receiving a Notice to Appear, the individual appears before an immigration judge. At the hearing, the person has the right to present evidence, call witnesses, and argue why they should be allowed to remain in the United States. Only after this legal process can a judge issue a removal order.
There are limited circumstances in which deportation is “automatic” and does not have to go through removal proceedings. Situations where expedited removal can occur might happen in situations near the U.S. border or reinstatement of a prior removal order. Even in those cases, however, certain legal protections may still apply.
What Happens if an Immigration Judge Issues a Final Removal Order?
If an immigration judge issues a Final Order of Removal, ICE may enforce the order and deport the person. However, legal options may still be available to stay in the U.S and to prevent deportation after a removal order is issued. An individual generally has 30 days to appeal the decision to the Board of Immigration Appeals, which can temporarily stop removal while the case is being reviewed. Other possible removal defense strategies include requesting a stay of removal, filing a motion to reopen or reconsider the case, or seeking forms of relief such as cancellation of removal, asylum, or a withholding of removal. However, after a final removal order time is of the essence as deadlines are strict.
Contact Aspire Immigration for Removal Defense
Deportation is a serious matter that can have lifelong consequences, and the process for undocumented immigrants is complex. As removal is not automatic, there are opportunities to challenge deportation, seek relief, or pursue alternative legal protections but acting quickly is essential.
Anyone facing potential removal should consult an experienced immigration attorney as soon as possible. Aspire Immigration, a top law firm based in Dallas, Texas, can look at your case and identify available defenses, navigate removal proceedings, and protect your rights, ensuring the best possible outcome in a challenging situation. Contact us today to schedule a confidential immigration law consultation.
