The Procedure of Criminal Deportation in the United States
The United States has established a comprehensive legal framework to address the deportation of non-citizens who have committed criminal offenses. This procedure, known as criminal deportation, involves several intricate steps and is governed by a combination of immigration and criminal laws. The objective is to maintain public safety while ensuring due process for the individuals involved.
1. Legal Foundation
Criminal deportation is primarily governed by the Immigration and Nationality Act (INA). Under this act, certain criminal convictions can render a non-citizen deportable. These offenses include, but are not limited to, aggravated felonies, crimes involving moral turpitude, controlled substance violations, and certain firearm offenses.
2. Identification and Arrest
The process often begins when a non-citizen is arrested for a criminal offense. Local law enforcement agencies may notify Immigration and Customs Enforcement (ICE) if the individual is suspected of being in the country unlawfully or if their immigration status is uncertain. ICE then places a detainer on the individual, requesting the local authorities to hold them for up to 48 hours beyond their release time to facilitate transfer to federal custody.
3. Initiation of Removal Proceedings
Once in federal custody, ICE initiates removal proceedings by issuing a Notice to Appear (NTA). This document outlines the charges against the non-citizen and the grounds for their deportability. The NTA is filed with the Executive Office for Immigration Review (EOIR), which oversees immigration courts.
4. Immigration Court Hearings
The non-citizen is entitled to a hearing before an immigration judge. During these hearings, the individual can contest the charges, present evidence, and apply for relief from removal, such as asylum, cancellation of removal, or adjustment of status. Legal representation is permitted, although it is not provided at government expense.
5. Judges Decision and Appeals
The immigration judge will render a decision based on the evidence and arguments presented. If the judge orders deportation, the non-citizen has the right to appeal the decision to the Board of Immigration Appeals (BIA). The BIA reviews the case and may uphold, reverse, or remand the decision.
6. Final Order and Execution
If the BIA upholds the deportation order, or if the non-citizen does not appeal, the order becomes final. ICE then arranges for the individual’s removal from the United States, coordinating with the destination country to ensure acceptance. The deportee may be held in detention until the removal is executed.
7. Post-Deportation Consequences
Deportation carries significant consequences. The deportee may face legal barriers to reentry into the United States, often for a period ranging from five years to a lifetime ban, depending on the nature of the offense and the specifics of the deportation order. Additionally, the individual may encounter difficulties in their home country, including social stigma and reintegration challenges.
Conclusion
The procedure of criminal deportation in the United States is a multi-faceted process designed to balance the enforcement of immigration laws with the protection of individual rights. It involves a series of legal steps that ensure non-citizens accused of crimes are afforded due process while prioritizing the safety and security of the American public. Understanding this procedure is crucial for legal practitioners, policymakers, and affected individuals alike.
