Protecting Your Rights During Deportation
Deportation is a serious legal concern for immigrants in Michigan. Immigrants can protect themselves during the deportation process by knowing their rights and seeking legal counsel. The key to success is being proactive, gathering evidence, and working with an experienced immigration attorney who can advocate for the best outcome.
Know Your Rights
Immigrants in Michigan must know their legal rights in a deportation case. Regardless of their immigration status, individuals have certain rights that cannot be taken away, even if they face removal from the U.S.
Right to Remain Silent
Immigrants have the right to remain silent if immigration authorities detain them. They are not legally obligated to provide information about their immigration status, and anything said to authorities can be used against them in a deportation case.
Right to an Attorney
All immigrants in deportation proceedings have the right to be represented by an attorney. It is important to seek experienced legal representation. An attorney can help defend against deportation and guide you through the process.
Right to a Hearing
Immigrants facing deportation are entitled to a hearing before an immigration judge. This hearing is an opportunity to present a defense and contest the removal order.
Understand the Deportation Process
The deportation process in Michigan typically involves several steps. Understanding what will happen during each stage is crucial for immigrants to prepare for the case.
Notice to Appear (NTA)
Deportation proceedings begin when U.S. Immigration and Customs Enforcement (ICE) issues a Notice to Appear (NTA). The NTA outlines the charges against the immigrant and sets the date for the first court hearing. Responding to the NTA and attending all hearings is important to avoid being ordered deported in absentia.
Immigration Court Hearing
The immigrant will have the opportunity to present evidence, witnesses, and legal arguments in their defense during the hearing. An immigration judge will decide whether the individual should be deported or allowed to remain in the U.S.
Appeals Process
If the immigration judge orders deportation, the individual has the right to appeal the decision to the Board of Immigration Appeals (BIA) within 30 days. If the BIA upholds the removal order, further appeals can be made to the federal courts.
Explore Possible Defenses Against Deportation
Immigrants in Michigan facing deportation may have options to challenge their removal or seek relief from deportation. The type of defense will depend on the individual’s unique circumstances, but there are some common defenses.
Asylum
Immigrants who have suffered persecution or have a well-founded fear of persecution in their home country may be eligible for asylum. If granted asylum, the individual may stay in the U.S. and eventually apply for a green card.
Cancellation of Removal
Certain immigrants who have been in the U.S. for an extended period of time, have good moral character and have family members who are U.S. citizens or lawful permanent residents may qualify for cancellation of removal. This defense allows the individual to remain in the U.S. and avoid deportation.
Temporary Protected Status (TPS)
Individuals from designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions may be eligible for TPS, which temporarily protects them from deportation.
Adjustment of Status
If the immigrant is eligible to change their status to lawful permanent resident through a family member or employer, this may be an option to prevent deportation.
Voluntary Departure
In some cases, an individual may be able to voluntarily depart the U.S. before a formal deportation order is issued. This option may allow the person to return to the U.S. without facing certain bars to reentry.
Detention and Bond
In some cases, an immigrant may be detained during the deportation process. If detained by ICE, the individual can request a bond hearing before an immigration judge. The judge will decide whether the immigrant should be released on bond while their deportation case is pending.
Bond can be granted if the judge believes the individual is not a flight risk or a danger to the community. The bond amount will depend on the individual’s immigration history and criminal background. If a bond is set, paying it immediately is essential to secure the immigrant’s release from detention.
Seek Legal Assistance
Having an experienced immigration attorney during deportation proceedings is critical to protecting your rights. Immigration law is complex, and a qualified lawyer can assess your case, advise you on available defenses, help gather evidence, and represent you in court. A lawyer can also help with appeals if deportation is ordered.
Gather Evidence and Documentation
Immigrants facing deportation should gather and organize any evidence and documentation that may help their case. This could include proof of residence in the U.S., such as lease agreements or utility bills. They may also produce evidence of family relationships that include marriage certificates and the birth certificates of children who are U.S. citizens. Letters of support from employers, teachers, or community members can be important documentation. Medical records or other evidence that deportation will likely cause hardship may help make a case against deportation. This documentation can be used to support any claims for relief from deportation.
Facing Deportation? Protect Your Future with Dallo Law!
If you’re an immigrant in Michigan and facing deportation, don’t navigate this process alone. Dallo Law is here to help you protect your rights and explore every possible defense to keep you in the United States. We’ll help you gather critical evidence, navigate hearings, and work to prevent deportation. Call us today at 248-290-9962
for a confidential consultation.
