Nobody wants to leave their country of adoption by force. Sadly, today, millions of undocumented families face being separated and deported ever since the adoption of controversial executive orders in the United States. These prerogatives target immigrant communities, destitute for the most part, and aim to increase the level of enforcement like never before.
Despite the powers vested in POTUS and his administration, every person present on US soil can assert their rights and defend themselves against deportation. Now, if you, a relative, a friend, or a member of your community risks being detained and deported for any reason, read on to find out what you can do to protect yourselves and your interests.
Case Scenarios
There are several reasons why a person may face deportation or immigration detention. For example, if you’ve entered the country without inspection or authorization, that is legal grounds for expulsion. The same goes for those who’ve overextended their stay and not renewed their visa or residency permit. Likewise, if you’ve allegedly committed a felony or a crime as a non-resident citizen, you risk being deported back to your country of origin. In any case, there are ways to fight deportation proceedings.
Knowing Your Rights
Every person in the United States has basic rights regardless of whether they are permanent residents. In a country with rule of law, undocumented families cannot simply be loaded into plane to head back to ‘where they came from’. One of these individual prerogatives is the right to remain silent; local police authorities or ICE officers cannot force you to answer questions or disclose personal information regarding your immigration status, or under which condition you came to the country.
In case you receive a home visit from an ICE officer, stay calm, and do not open the door. Ask the agent about the purpose of their visit, and solicit an interpreter in case they do not speak your language. The authorities may only enter your premises if they have a legal warrant issued by a judge which, in most cases, they do not explicitly have. So, stand your grounds, and do not fall for intimidations or veiled threats.
Finding a Competent Lawyer
Another essential consideration is the right to a lawyer. No individual can be deported arbitrarily without judgement and other legal proceedings. If you are being detained and facing deportation, inform the authorities of your wish to remain silent and ask to speak with your lawyer. The Phoenix-based immigration law experts over at https://abogadoray.com/practice-areas/immigration/ recommend hiring the services of an experienced attorney who will help put together a strong case and, hopefully, help you stay in the country, and even get you permanent residency or citizenship.
Fighting Deportation
Upon being detained, the most common way to avoid being deported is through cancellation of removal. With the help of your lawyer, you’ll present your case to an immigration judge, provided you fulfill a number of eligibility requirements.
To maximize your chances of obtaining a favorable outcome, you must have resided in the United States for 10 consecutive years, have a clean record, and attest that your deportation would cause extreme hardships to a permanently residing family member (usually children). As such, those who have stayed on US soil for over a decade, have strong ties to their community, and were exemplary citizens, are more likely to be legally granted cancellation of removal.
Seeking Asylum
Every year, the United States welcomes thousands of men, women, and children who flee their native countries for fear of political, social, cultural, or religious persecution. In light of ongoing world events, such as the war in Syria or drug cartel violence in central America, more and more individuals are seeking asylum in the United States.
If you can legally document and prove that you and your family are in immediate danger if you were to return to your home country, your lawyer along with other associations can help you put together a strong asylum seeker application. After careful review by competent judicial authorities, you will be allowed to stay on US soil, temporarily or permanently.
Running the risk of being deported can leave you feeling vulnerable and helpless. Unfortunately, the majority of people who enter the United States “unlawfully” are not aware of their rights and the legal ways to avoid deportation. In any case, your best weapon if you do not wish to return to your homeland is to read, document yourself, reach out to humanitarian organisms, and lead an exemplary life. At the end of the day, avoiding deportation is entirely possible if you know which cards to play.
