Receiving a removal order can be intimidating. But you’re not alone. According to the American Immigration Council, nearly a quarter of New Jersey residents are immigrants, and it’s estimated that more than 250,000 New Jersey residents live with someone who is undocumented. For those that speak another language, navigating the process of deportation can feel even more isolating.
If you’ve been issued a removal order, it’s important to be active in your removal proceedings. Although New Jersey is expected to completely end Immigrations and Customs Enforcement (ICE) by 2023, the right representation is essential in asking the right questions.
What Is a Removal Order?
A removal order begins the process of removal, more commonly known as deportation. A removal order can be issued to any non-citizen in the United States. The federal government typically orders removal once an individual is found to be violating immigration laws or partaking in criminal activity.
A removal order removes the individual from the U.S. and blocks them from returning for several years. In some cases, a removal order can bar the individual permanently. If the judge orders removal, the individual may be able to file an appeal. But once the removal order is final, ICE can detain or deport the individual.
Removal proceedings are initiated when the Department of Homeland Security (DHS) serves an individual with a Notice To Appear (NTA). If an individual fails to appear at the first hearing, they may be subject to automatic removal.
Is There a Difference Between Deportation and Ordered Removal?
There is no difference between deportation and removal. Removal is the legal term for deportation, but the terms can be used interchangeably. Deportation – or removal – is the process by which the U.S. government decides if a non-citizen should be removed from the United States.
Reasons For Deportation and Removal
Any non-citizen of the United States can be subject to removal. The current grounds for removal are stated in 8 USC 1227: Deportable aliens. Common reasons for removal include:
- Entering the United States illegally
- Partaking in criminal activity
- Staying in the United States without proper documentation
- Using an expired visa
- Green card violations
- Marriage fraud
If you disagree with the grounds stated for your removal, you can file an appeal with the Board of Immigration Appeals. If applicable, a “stay” of deportation can grant you more time in the U.S.
What To Do After Receiving a Removal Order
If a non-citizen has been deemed removable, DHS will issue the individual an NTA. An NTA will state the grounds for removal and inform the individual of their right to an attorney.
Don’t Miss Your First Hearing!
The first hearing, also known as the master calendar hearing, is very important. You are required to attend the hearing in person unless otherwise specified. Consider securing an attorney for this hearing. Failure to appear will result in automatic removal.
Determine Next Steps
After the master calendar hearing, it’s time to discuss your best options. If you plan to fight the removal, the next step is the merit hearing. In the merit hearing, your attorney will have the chance to present evidence in your favor. Depending on the circumstances, your case could be eligible for Adjustment of Status, Asylum, Cancellation of Removal, Voluntary Departure, or Withholding of Removal.
For those seeking a stay of deportation, your case should demonstrate the merits of the stay. Show how you serve the public and give back to the community. Show evidence that you or another could be injured if the stay is not granted.
If none of these apply to your case, there are still some preferred alternatives to ordered removal.
Other Alternatives to Removal
Voluntary Departure
Voluntary Departure is a safe alternative to removal. If an individual leaves the U.S. of their own will and at their own expense, rather than being officially deported by the government, it is much easier to re-enter the United States. An individual that has been removed faces an automatic ban for ten years.
Adjustment of Status
Adjustment of status is the application for a non-citizen to become a lawful permanent resident. During the removal process, an adjustment of status may be approved based on marriage to a U.S. citizen or lawful permanent resident. This, and even other relationships, can be used as a defense against removal.
Re-entry After Removal
Once a non-citizen has been removed from the United States, they are inadmissible for a certain period of time. This period is determined by several factors, including the original reasons for removal and the individual’s criminal history. U.S. immigration courts can bar removed individuals from re-entering for up to twenty years, or even permanently in some cases.
If a non-citizen re-enters after removal, the removal order is reinstated. The active removal order allows for immigration officers to bypass the court system and automatically deport those caught re-entering.
There are a few legal options for re-entry after removal. A removed individual can apply for a stay of removal, pass a reasonable fear interview, or complete a waiver request known as Form I-212.
U.S. immigration law is incredibly complex. If you’re facing removal, make sure you are considering your best options by teaming up with an expert. At Laird Law, we make immigration law accessible by offering consultations in 6 languages. Understanding the nuances of deportation is essential for you to make an informed decision for your future. Visit our offices in New York or New Jersey or contact us today.
