718.440.9002Increases in orders for deportation
According to the Department of Homeland Security (DHS),
“On March 6, 2017, the President issued a Memorandum for the Secretary of State, the Attorney General, and the Secretary of Homeland Security on Implementing Immediate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry into the United States, and Increasing Transparency among Departments and Agencies of the Federal Government and for the American People.”
In addition, the recent repeal of DACA (Deferred Action for Childhood Arrivals), although not yet permanent, could have serious repercussions for youth who came to the country before they were old enough to make a decision regarding citizenship.
The President’s memorandum and the deferment of DACA mean that increased numbers of people may be targeted for deportation.
The Executive Office of Immigration Review (EOIR) is that part of the Justice Department concerned with adjudicating immigration cases. The EOIR recently released a report indicating increases in orders for removal, voluntary departures, and final decisions. Press release number 17-889 can be found here. To summarize, the release makes clear that during the time from Feb 1., 2017 – July 31, 2017, a significant uptick in these types of cases occurred.
It’s every immigrant’s nightmare. You get a letter in the mail. It contains a Notice to Appear (NTA) from the DHS. You have been faced with an order for removal from the country
Don’t despair. All is not lost. Just because you’ve received an NTA claiming you are removable from America does not mean you will necessarily be deported. Upon appearing in immigration court, you will have the opportunity to make your case to an immigration judge.
Instead of panicking, ask yourself a few simple questions. First, what reason does the DHS site for your removal? Most often the answer will have to do with previous convictions and current immigration status. Second, realize the DHS makes mistakes. Examine closely all details of the order. Is your method of entry and time of arrival in America listed correctly? Have you been accused of a crime? If so, has it been properly classified? Even if the accusations against you are true, you may still be able to dispute the order. Discuss with your immigration lawyer these and other options such as requesting relief from removal.
If you are required to leave
If all else fails, you have the option to leave the U.S.A. of your own free will. This requires a request for permission. This is preferable to being deported as your record will not bear a removal order, which carries with it an inability to re-enter the country for a specified number of years. It’s worthwhile to take note of the fact that upon being granted voluntary departure you must comply with all terms of the agreement and leave on time, or you may face severe consequences.
If you are ordered to leave America and do not choose to depart voluntarily, you still have 30 days to file an appeal with the Board of Immigration Appeals.
The Law Office of Marilyn Orbach-Rosenberg specializes in immigration law, including deportation defense. If you have such a case, contact Orbach-Rosenberg Law right away to get the effective representation you need.
Sources:
https://www.dhs.gov/immigration-statistics/special-reports/legal-immigration
http://www.orbachrosenberglaw.com/deportation-defense/
