Deportation Laws

Immigrants who arrive in the country illegally, or via a valid visa or other form of entry but overstay can be detained and deported by the U.S. government. The ICE branch of the Department of Homeland Security is responsible for apprehending and detaining illegal aliens once they are in the country. Immigrants can be considered illegal for one of three reasons; they have entered the country illegally, they have overstayed their visa, or they have obtained a visa under fraudulent terms. Illegal immigrants are also referred to as illegal aliens. As of 2006, there were more than 10 million illegal immigrants living in the United States. Illegal immigration laws have been formed to protect the lawful citizens of the United States, and the immigrants who have arrived and stayed in the country legally. Deportation, or "removal", is a multi step process. A removal immigration hearing will be held to determine if an individual will be deported, or is eligible for relief from removal. A "Stay of Deportation" can be applied for to halt removal proceedings. A stay may be requested by the alien, or his or her attorney. A stay will only be considered once the alien has actually reported and is in the physical custody of the USCIS.

Fast Facts

  • Detained aliens are subject to removal proceedings, which can result in deportation
  • An alien can apply for a Stay of Deportation, halting the removal process

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