Immigration has been one of the most controversial issues during the administration of United States President Donald Trump, particularly regarding enforcement, deportation, and removal orders. To this effect, the political speech coming from the White House on immigration has only resulted in distorting the reality of deportation. Here are six facts about deportation you should be familiar with, brought to you by KS Visa Law, trusted immigration lawyers in San Diego, CA.
1. Deportation Is an Expensive Practice
Every government must weigh the economic consequences of its decisions. In the case of the Trump administration, the initial wave of mass deportations is bound to slow down at some point when projected economic forecasts start becoming real. According to the Institute on Taxation and Economic Policy, undocumented immigrants pay more than $11 billion in federal and state taxes per year, and the cost of deporting all these taxpayers would be about $5 trillion.
2. All Foreigners and Immigrants Can Be Deported
Although President Trump often mentions his “deportation force” is focusing on rounding up undocumented immigrants who have been convicted of dangerous crimes, the reality is that many of those detained by Immigration and Customs Enforcement (ICE) agents have only committed the crime of overstaying their visas. Even naturalized citizens can face deportation proceedings if they commit crimes of “moral turpitude,” a characterization that is up to the courts to interpret.
3. Due Process Cannot Be Taken Away from Immigrants
As the situation stands in 2018, President Trump has hinted that he would like to take due process rights away from immigrants facing deportation. Should Trump decide to issue an executive order to this effect, multiple legal challenges will likely prevent this from happening. Immigrants are already at a legal disadvantage regarding deportation cases, but they should be afforded the right to argue their position in court by means of the 14th Amendment to the Constitution, which guarantees due process.
4. Deportations Can Be Appealed to the Highest Courts
Pursuant to due process, the determination of an immigration judge can be appealed and even argued before the Supreme Court if needed. Landmark deportation cases have been decided even after immigrants have been removed.
5. Deportations and Removal Orders Are Not the Same
For the most part, immigrants who lawfully enter the U.S. are found to be admissible, which means the deportation orders they receive will give them time to regain their legal status or prepare to exit the country. Removal orders, on the other hand, are generally more difficult to defend because they are based on alleged conditions of inadmissibility. Furthermore, they often feature an immediate Notice to Appear in court.
6. Deportations Are Clearly on the Rise
Over the last two decades, the pace of deportations has increased dramatically. However, the number of actual removals in the current administration may be lower than expected. Since many ICE agents are going after immigrants with minor offenses such as overstaying visas, quite a few deportation orders have been withdrawn.
Contact KS Visa Law today if you need immigration and naturalization services. San Diego is home to many naturalized citizens who have maintained their citizenship with our help. Call 858-874-0711 today to schedule an appointment.