What is the process for the deportation of foreign nationals?

Immigration is a hot topic these days, with politicians on both sides of the aisle arguing about how to handle those seeking entry into the United States, as well as whether and how to deport those unlawfully residing in the U.S. It is important for people in Kentucky and across the nation to have a basic understanding of the deportation process.

A foreign national may be deported if they commit a crime, if they violate the terms of their visa or are a threat to public safety. Those who are unlawfully residing in our nation may also be deported, and in fact there is an expedited removal process for these individuals.

Foreign nationals facing deportation may first be detained in an Immigration and Customs Enforcement facility. There will be a hearing in an Immigration Court of the U.S. Department of Justice. If the judge determines the foreign national should be deported, the country to which the foreign national is being deported must agree to allow the foreign national into their borders and provide them with travel documents before the foreign national can be removed by ICE.

It is important to keep in mind that just because a person is detained doesn’t mean they will automatically be removed from the U.S. A fair hearing will be held. The person can seek legal representation. It may even be possible in some circumstances for the person to obtain a Green Card before removal proceedings are complete. Those facing deportation and removal will want to make sure they understand all of their legal options for remaining in the U.S.



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