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United States Deportation Procedure

Wykrota Law Firm

The deportation process of illegal immigrants in the United States follows specific steps and procedures. Here is a summary in five key points:


1. Identification and Hearing: After being identified as irregular immigrants, foreign nationals undergo a hearing with an immigration judge, who assesses their situation and considers humanitarian factors that might justify their stay. If irregular status is confirmed, the immigrant is sent to a detention center while awaiting deportation.


2. Collective Deportation: The deportation process generally occurs collectively, with groups of immigrants being transported together. Before deportation, the immigrant’s country of origin is notified and consulted regarding their reception. However, the deportee is not required to return to their home country and may choose an alternative destination, provided that the chosen country accepts them.


3.  Transfer: During transportation, the use of handcuffs is not considered a crime under U.S. law but must comply with human rights and international law. Under normal circumstances, deportees are not transported in restraints unless there are extreme circumstances justifying such measures.


4.  Arrival in the Chosen Country: Upon returning to their home country, such as Brazil, deportees do not receive special governmental support, as they are not classified as refugees or political exiles. The government generally only provides minimal assistance to help them return to their hometowns.


5. Criminal Aspects and Expedited Removal: Deportation does not imply that the immigrant has committed a crime, as being in an irregular immigration status is not considered a crime. There is also the "expedited removal" procedure, which allows the expulsion of immigrants without a judicial hearing, with the possibility of applying for asylum if the deportee expresses fear of persecution or torture. However, this removal order is difficult to appeal and imposes reentry restrictions for up to five years.


It is important to highlight that, in many cases, deportation occurs solely due to immigration irregularity, without the individual having committed any crime. Immigration violations are considered administrative infractions, not criminal offenses, in the United States. If an immigrant has committed a crime, they must face judicial proceedings in the U.S. before any deportation process, in accordance with the principle of territoriality.

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