Know Your Rights During Deportation

Receiving a notice of removal proceedings, commonly known as deportation, is overwhelming and upsetting. The prospect of deportation creates fear and uncertainty for your future and your loved ones. 

Removal proceedings typically involve a series of hearings and legal procedures during which you have the opportunity to defend your case. The United States guarantees certain fundamental rights to those facing deportation regardless of immigration status. 

Understanding your rights during deportation can empower you and help alleviate some of the stress associated with this emotional process. Let’s look at some essential rights to help you better navigate the deportation process and improve your chances of avoiding deportation.

You Have the Right to an Attorney

The most crucial deportation right is the right to legal counsel. An experienced immigration lawyer can significantly improve your chances of achieving a favorable outcome. Hiring an immigration lawyer means having the assistance of someone who knows the ever-changing landscape of the immigration legal system. 

An immigration lawyer can provide you with an interpreter, help you present evidence, challenge the grounds of your deportation, and appeal an unfavorable decision. Your lawyer will ensure all of your constitutional rights are protected, including:

• The right to remain silent
• Protection from unlawful search and seizure
• The right to contact family members

If hiring an attorney seems cost-prohibitive, you can request that the court appoint you a lawyer. However, you are not guaranteed an immigration lawyer. You can also ask the court for a list of free or low-cost legal service providers. 

Contact us for a free consultation so we can help guide you to the best solution for your circumstances.

You Have the Right to an Interpreter

One of the most challenging aspects of deportation for many is the language barrier. Discerning what the government is communicating is vital to understanding why you are facing removal proceedings and what is happening with your case each step of the way. Even fluent English speakers struggle with the legal system’s complicated language, making having an interpreter even more crucial.

An immigration attorney can provide you with a skilled interpreter or help you find someone to assist with translation. An interpreter plays a crucial role in translating your lawyer’s advice, courtroom proceedings, and deportation documents.

You Have the Right to Present Evidence

You have the right to present supporting evidence for your case. Some types of evidence include:

• Identity documents
• Marriage licenses
• Employment records and tax returns
• Evidence of community ties
• Proof of the hardships deportation would cause

Along with physical evidence, you can testify on your own behalf and bring witnesses and experts to support your case. An immigration lawyer will help you gather appropriate evidence and contact supportive witnesses.

You Have the Right to Challenge the Grounds of Your Deportation

If you or your legal representative believes your deportation to be unfair and unjust, there are legal ways to challenge the removal orders. An immigration attorney can challenge your deportation on several possible grounds, including:

• Disputing the accuracy of the government’s evidence
• Questioning whether the alleged violation is a deportable offense
• Challenging if the government followed constitutional procedures

Your attorney can also provide counter-evidence when challenging a deportation.

You Have the Right to Humane Treatment

If detained during deportation, you have the right to humane treatment. The government must ensure you have access to:

• Food, water, and medical care
• Safe and sanitary conditions
• Protection from discrimination
• Reasonable communication with your family

You can file a complaint and report any mistreatment if these rights are violated. Your immigration lawyer can guide you through the process.

You Have the Right to Appeal an Unfavorable Decision

There are several options available to appeal an unfavorable decision from the court. For instance, you can appeal the decision if your asylum claim is denied. An immigration lawyer can advise you on the best way to avoid deportation. Depending on your immigration status and circumstances, your immigration attorney will recommend one of the following options:

• Asylum claim
• Cancellation of removal for Green Card holders
• Cancellation of removal for non-lawful permanent residents
• Waivers of inadmissibility
• Adjustment of status

One of our talented immigration lawyers will recommend the best steps to take in appealing your case.

Immigration Attorney for Deportation

Understanding your rights during deportation is critical for protecting yourself, your loved ones, and your future in the United States. Whatever your immigration status, you have fundamental rights and protections. Hiring an immigration lawyer is one of the most important steps you can take to ensure your rights are upheld.

Along with your right to legal representation, you also have the right to an interpreter, to present evidence, to humane treatment, to challenge the grounds of your deportation, and the right to appeal an unfavorable decision. The immigration attorneys of Scott D. Pollock & Associates, P.C. can help you maintain your rights throughout the deportation process.

If you’re facing removal proceedings, consult with one of our attorneys, who can help you understand your specific situation and develop a strong defense strategy. Remember, you have rights and may have more options than you realize. 

Don’t hesitate to reach out for a free consultation.