March 13, 2022

How does the deportation process work?

One of the greatest fears of any non-citizen or undocumented immigrant living in Michigan is the threat of removal by the government. Deportation is most often the result of living in the country without the appropriate visa or committing a felony offense as an immigrant. Immigrants of any status will find it beneficial to know how this process works and what they can do to defend their interests should the need arise.  

Who is a deportable alien? 

According to U.S. immigration laws, certain categories of aliens and immigrants are eligible for deportation in specific situations. The following individuals may be classified as a deportable alien, which is an individual who could face deportation proceedings: 

  • An alien who does not possess the appropriate permission, such as a valid visa, to be in the United States. 
  • Any alien who is in violation of any U.S. law, including the Immigration and Nationality Act 
  • An alien who failed to register or falsified documents upon entry into the United States 
  • An alien who engaged in unlawful voting or activities that endangered the safety of the public 
  • An alien who encouraged others to enter the country illegally or committed marriage fraud to get a visa 

An individual in Michigan facing deportation will first receive notice to appear in court, and there will be a hearing during which the alien can challenge the case against him or her

Fighting the threat of deportation 

It is prudent to have experienced legal representation when facing the threat of deportation. He or she may fight back, seeking to avoid removal from the United States. It may be helpful to first seek legal guidance and an assessment of his or her individual case.