How Does Deportation Defense Work in the U.S.?

Facing deportation (also known as “removal”) in the U.S. may feel scary and overwhelming. The good news is that, just because the government wants to remove someone, it doesn’t necessarily mean that it is going to happen. There are legal defenses and immigration processes that can help people fight their case and sometimes stay in the country.

What is Deportation?

Deportation is when the U.S. government orders someone who is not a citizen to leave the country. This can happen for many reasons, like:• Overstaying a visa• Entering without permission• Committing certain crimes• Violating immigration rules

If someone is placed in removal proceedings, it means they will need to go before an immigration judge to figure out what happens next.

What Is Deportation Defense?

Deportation defense is essentially the legal fight to stop someone from being removed from the U.S. It’s about using immigration law, evidence, and sometimes humanitarian reasons to show why a person should be allowed to stay.

Here are some of the most common ways people defend themselves in immigration court:

1. Asylum or Refugee Protection

If someone fears persecution or harm in their home country because of their race, religion, nationality, political opinion, or membership in a social group, they can apply for asylum.

2. Cancellation of Removal

This is like a “second chance” option. For example:• Green card holders (lawful permanent residents): They may qualify if they’ve been in the U.S. long enough, have good moral character, and meet other requirements.• Non–green card holders: They may qualify if they’ve lived in the U.S. for at least 10 years up until an NTA (Notice to Appear) is served, and they are able to prove their removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or green card–holding spouse, parent, or child.

3. Waivers of Inadmissibility

If the government says someone can’t stay because of certain past immigration violations (like unlawful presence or some crimes), they may apply for a waiver to forgive those issues.Some grounds of inadmissibility or deportability can be waived—like certain unlawful presence or misrepresentation issues—but not all.

4. Adjustment of Status

Sometimes, someone who is in removal proceedings can still apply for a green card if they qualify through a family-based or employment-based petition. Eligibility will depend on their prior immigration history.

5. Voluntary Departure

If none of the prior defense mechanisms work, sometimes people choose to request voluntary departure. Voluntary departure may be a better option than a deportation order for some, as it can sometimes reduce barriers to returning legally in the future.

How the Process Works

1. Notice to Appear (NTA): This is the document that starts removal proceedings. It lists the reasons for deportation.

2. Immigration Court Hearings: There are usually two stages:

   • Master Calendar Hearing: A short, scheduling-type hearing where the immigration judge explains the case.

   • Individual Hearing: A longer hearing where evidence, witnesses, and legal arguments are presented.

3. Judge’s Decision: The immigration judge decides whether the person must leave the U.S. or can stay.

4. Appeals: If the judge rules against someone, they can often appeal to the Board of Immigration Appeals (BIA) or a higher court.

   
   

Why Having a Lawyer Matters

Immigration law is complicated, and unlike criminal court, the government doesn’t provide pro-bono assistance for immigration cases. People must hire their own immigration lawyer or find legal help through non-profit organizations.

Having a good immigration attorney makes a huge difference—they can explain options, gather evidence, and fight for the best outcome.

Deportation defense is more than just paperwork; it’s about protecting lives, families, and futures. Every case is different, and the outcome depends on the person’s immigration history, their ties to the U.S., and the type of relief they qualify for.

If you or someone you know is facing deportation, the most important step is to get legal advice as soon as possible. The earlier you act, the more options you may have. Reaching out early is the first step toward reviewing eligibility and achieving success in your immigration case.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. The firm, founded in 2012, is known for its compassionate, results-driven approach to immigration law. Ms. Elizee earned her Juris Doctorate from the University of Miami School of Law and her Master of Laws from the University of Washington School of Law.