As promised during his campaign, the new president of the United States, Donald Trump, has begun the deportation of illegal immigrants in the country. Undocumented individuals are being detained in different states as part of a process that the president himself has classified as “the greatest” in the nation’s history, but it can be appealed with the required legal grounds.
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Deportations are being carried out through the Immigration and Customs Enforcement (ICE). The measure, led by Tom Homan, known as the 'Border Czar', is keeping immigrants from different countries on edge.
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But what to do when facing a deportation order in the United States? Is it reversible? How to deal with it? Heraldo USA mentioned that it is possible to appeal. For this purpose, they presented the explanation provided by the program 'Your voice beyond the border'.
They detailed that first of all, it is important to consider that the deportation order is issued by an immigration judge. Even if it has already been issued, it can be appealed.
How and where to appeal a deportation in the United States?
The aforementioned source explained that an appeal of a deportation in the United States can be made to the Board of Immigration Appeals, and the request must be filed within 30 days after the deportation order is issued.
Among the most common reasons for appeal are "legal or procedural errors in the trial, failure to consider important evidence, unjustified denial of asylum requests, among others," says Heraldo USA.
If there is new evidence or changes in the situation, you can request the reopening or reconsideration of the case to the immigration judge. For example, a marriage with a U.S. citizen, new evidence of danger in your home country, or if there is believed to have been an error in the interpretation of the law.
If the evidence presented is not considered sufficient to reverse the deportation, then one can appeal to the Federal Appeals Court, where they will assess whether there were legal errors in the rejection of the appeal.
The immigrant can also choose to appeal the deportation order temporarily, while authorities evaluate their case.
General recommendations in the face of deportation in the United States
The aforementioned source advised not to ignore a deportation order in the United States, as important rights could be lost and any option to appeal could be forfeited. Another important point is to keep a record of all legal actions in the process, so copies of documents should be saved. It is also recommended to stay informed about all aspects of immigration policy in this country to know how to act. Another piece of advice is to be advised by a lawyer.