This agency would, for example, be the one to make arrests in the U. Everyday immigration matters, such as application processing, are handled by U. However, this agency can also send aliens into removal proceedings, most often when their applications for lawful permanent residence are unsuccessful and they have no other existing right to remain in the United States.
CBP has the power to do "expedited" removals with no hearing before a judge as well as to refer people to removal proceedings with the EOIR discussed next. This is where non-citizens who don't already have an order of removal on their record may defend themselves against removal and potentially establish a right to remain in the United States.
When most people think of an immigrant getting deported, they think of undocumented immigrants, often called illegal aliens. This mainly means people who either crossed the U. Indeed, many undocumented aliens enter and are removed from the U. But they are not the only aliens who can be deported.
Any immigrant who violates the terms of his or her lawful stay can be deported or removed from the United States. This might include a tourist who accepts a job not allowed , a student who fails to pursue a full-time course of study, or a worker who switches to a new job, away from the employer who petitioned for the worker.
In addition, any immigrant who hasn't yet become a U. For example, non-citizens can become deportable if they:. This is just a quick overview of these grounds. Do not rely on this list to analyze your case, but look at the law itself, linked to above, and consult with an experienced U. However, nothing will happen immediately or automatically.
First, there is the question of whether ICE will act on this tip. They do not have the resources to follow up on every tip they get. They might simply ignore it. ICE agents are expected to follow a policy in which they take a closer look at each individual case and decide whether to exercise something called " Prosecutorial Discretion.
The idea was that they are supposed to direct government resources at people who have committed crimes or present security risks or are otherwise negative forces in U. Even if ICE has already set court proceedings in motion, they can use Prosecutorial Discretion to close them; and in some cases even allow the person to obtain a work permit. That takes us back to the question of whether ICE has the resources to act on any tip.
It still doesn't. But as you no doubt realize, it's a game of chance at this point. He started smoking marijuana with a new set of friends.
This was a change for Ricky. During his high school years, he avoided alcohol and drugs, focusing on his beloved soccer. In April , one of his new friends gave him a few small bags of cocaine and urged him to try selling them, he said. They went into his backpack, he said, and when a Canyon Lake Park ranger smelled marijuana smoke on him and searched it, they were there, along with a marijuana cigarette.
That moment would lead to his deportation to a country he had never known, and deliver him into the hands of violent criminals. It almost cost him his life. Ricky caught a bus from downtown Nuevo Laredo to visit a sister in Piedras Negras, fell asleep, and was awakened with a flashlight in his eyes and a gun at his head. Then he dragged Ricky off the bus, beat him with a stick, and forced him to an apartment where six other deportees sat, terrified.
To them, Ricky and the other captive deportees were cash cows. One man began screaming, and Ricky found him covered in a thick layer of angry bees that detached themselves and swarmed Ricky. As the day grew hotter, Ricky ran out of water, he said, and the next thing he knew, he was being wakened by a Border Patrol officer. He had passed out by the side of a road. The officer revived him with an IV drip, he said, and — in an act for which Ricky said he will always be grateful — instead of feeding him back into the criminal justice system to complete his prison sentence, the officer drove him directly to the Laredo-Nuevo Laredo footbridge.
As Ricky told his story nearly two weeks later, his face, neck, and arms were still covered with bee-sting welts. But he managed a sad smile. He found a well-paid job with a landscaping company in Waterbury, Connecticut. Alejandro met Anna in Connecticut. They married, rented an apartment, and had Daniel in Little Daniel loved following his father around at work, with a child-sized rake in his hands.
They both loved building snowmen and forts from the mountains of snow Alejandro would pile up in the corners of parking lots. Anna and Alejandro spoke Spanish at home, but Daniel, once he started school, would answer them in English. In , Alejandro was charged with driving without a license.
That seemingly minor charge would come back to haunt him. In , a shopping mall security guard overheard Alejandro and Anna arguing in Spanish while looking for a parking space. Anna felt Alejandro was working too many hours, Alejandro remembered. The guard called the police, Alejandro said, and the officers found an open bottle of tequila in the car.
But they took him to Waterbury Jail for an hour. This is often all it takes — the briefest, most insignificant-seeming contact with law enforcement at any level can end with being handed over to Immigration and Customs Enforcement ICE and eventual deportation. At the last one, on March 23 this year, the judge ordered Alejandro to attend a three-week Alcoholics Anonymous program. The day that Alejandro was going to start, an ICE agent took him into custody.
In the migrant center, he pantomimed trying to eat with his hands chained to his waist. Anna has left her work at a fast-food restaurant, Alejandro said, because she is afraid of showing her face in public; she is getting house-cleaning jobs when she can. Alejandro stared at his hands. Alfonso ran a cleaning company in Houston that employed 25 people. The contracts often required night work, and he was a hands-on employer.
Before completing removal proceedings, you may be able to leave the U. Contact a U. If you feel that your civil rights have been violated in the immigration, detention, or removal proceedings process, you can file a complaint with the Department of Homeland Security. If you are an undocumented immigrant facing removal proceedings, you may be able to go through the adjustment of status process to get a green card and become a lawful permanent resident. This is usually done. Through asylum or through withholding of removal if you fear danger or persecution if you return to your home country.
This interactive map of pro-bono legal service providers from the Department of Justice can help you find free legal assistance with your immigration, deportation, or other citizenship matters. You may appeal certain deportation rulings.
Seek legal advice before making an appeal; there are nonprofit organizations that can help.
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