Serving The Immigration Needs Of The San Diego Area Since 1984

You have the right to a defense prior to deportation

On Behalf of | Nov 14, 2018 | Immigration Law

People find themselves facing deportation for a wide range of reasons. In some cases, an individual may have made a mistake on paperwork related to their visa or immigration status. Simply missing a deadline can be enough of a reason to initiate deportation.

Other times, someone may have intentionally or accidentally violated laws in the United States. Many different crimes can impact your eligibility for residency or citizenship. Facing criminal charges can often mean facing deportation as well. If you wind up convicted of certain offenses, that can result in changes to your legal immigration status in the United States.

In some situations, undocumented individuals may face deportation because they were caught up in an Immigrations and Customs Enforcement (ICE) sweep or because someone they know reported them as undocumented. Regardless of why you may find yourself facing deportation, it’s important to understand that you have the right to a defense prior to your removal from the United States.

Different situations call for different defense strategies

You have the right to defend yourself from deportation, but you must develop a strategy to do so successfully. When dealing with the potential for deportation, it is common to feel intense fear and even panic. Do your best to avoid letting these strong emotions take over, as you will need to use your rational mind to develop a defense strategy.

There is no single strategy that is universally applicable, much like with criminal defense. The details of your situation, from the way that you entered the country to the reason you are facing deportation, will have a profound impact on the best defense strategy. In some cases, focusing on the way that you entered the country and your contributions to society is the right way to proceed.

In other cases, focusing on technicalities and your legal situation may be the best option. That is particularly true for those who may qualify for a U visa as a victim of a crime or those hoping to seek amnesty.

It is possible to defend yourself against an attempt at deportation

Just because you have become a target for ICE enforcement and are in a facility does not mean that you do not have rights. It is possible for you to defend your status as an immigrant in the United States and avoid final deportation measures. However, in order to successfully push back against an attempt to deport you, you will need assistance in developing your defense strategy against deportation.

While it may be frightening to face deportation, it does not have to end in a tragedy and the complete disruption of your life in the United States. Taking a proactive approach to developing a deportation defense strategy is your best option when ICE takes steps to initiate deportation proceedings.