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The Deportation Process

In general, a person who is a lawful permanent resident (LPR) need not fear deportation, unless it can be proven that he or she entered the United States fraudulently or committed a serious crime (ex-Nazi prison guards, for example). One of the more familiar ways for ordinary people to remain in the United States by fraud is to marry a U.S. citizen. When someone who is about to be sent back to his or her country (because a visa has expired, for example) suddenly gets married, INS requires that both spouses be questioned. The typical movie depiction of this is of a desperate alien who loves the U.S. and is able to stay after finding a kindhearted and selfless person who agrees to a fake marriage. In real life these marriages are not always based on such altruistic motives.

The first step in deporting an alien is to issue an “Order to Show Cause.” This document establishes the government’s reasons for deporting the person in question. The alien is usually detained, although he or she can be released by posting bond. The alien is then scheduled to attend a hearing before an immigration judge. The government is represented at these hearings by an attorney; the alien can also have legal representation, but it must be “at no expense to the government.” In many jurisdictions, there are lawyers and legal agencies who will work for the alien for reduced fees or pro bono.

The judge hears the evidence on both sides and makes a ruling, which can be appealed by both sides to the Board of Immigration Appeals (BIA). Once BIA makes this ruling, the losing side can appeal through federal courts, although the likelihood of an alien appealing would depend on his or her financial resources.


Inside The Deportation Process