Facing the possibility of deportation is frightening. Many people worry about being separated from loved ones, losing their homes, or being forced to return to unsafe conditions. The good news is that non-citizens in the United States have rights, and understanding those rights is the first step toward protecting yourself.
Due Process Rights in Deportation Cases
The Constitution guarantees due process to every person in the United States, not just citizens. This means the government must follow fair procedures before it can deport you. Specifically, you have the right to:
- Receive written notice of the charges against you
- Appear at a hearing before an immigration judge
- Present evidence and call witnesses on your behalf
- Review the government’s evidence and challenge it
Due process is what prevents the government from removing someone without giving them a fair chance to defend themselves. Even if you feel the odds are stacked against you, knowing and using these rights can change the outcome of your case.
Your Right to Legal Representation
Unlike criminal cases, immigration courts do not provide free attorneys. However, you have the right to hire one. A lawyer can:
- Explain the charges and what they mean for your immigration status
- Identify defenses and forms of relief you may qualify for
- Cross-examine government witnesses
- Ensure you meet all filing deadlines
Representing yourself in immigration court is risky, as the system is complex and the consequences are severe. Having an immigration attorney increases your chances of success.
Bond Hearings and Release from Detention
If you are placed in immigration detention, you may have the right to a bond hearing. This is a separate proceeding where an immigration judge decides whether you can be released while your case is pending. Judges typically look at:
- How long you have lived in the U.S.
- Your family ties and community connections
- Any past criminal history
- Whether you are considered a flight risk
Winning a bond hearing allows you to prepare your defense outside of detention, where you can access your family, your lawyer, and the documents you need for your case.
The Appeals Process
If an immigration judge orders your removal, your case does not necessarily end there. You have the right to appeal to the Board of Immigration Appeals (BIA). If the BIA denies your appeal, you may still be able to take your case to a federal circuit court.
The appeals process is time-sensitive, with strict deadlines that must be followed. Missing a deadline can permanently end your chance to challenge the decision. That’s why it’s important to act quickly, preserve your right to appeal, and work with a lawyer who understands the process.
Special Protections for Asylum Seekers and Refugees
U.S. law provides important protections for those fleeing persecution. If you fear returning to your home country because of your race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum.
Asylum seekers have the right to:
- Apply for protection if they express fear of persecution
- Receive a screening interview before being deported
- Remain in the U.S. while their case is pending
Refugees also have rights under international treaties that prevent the U.S. from sending people back to countries where they face serious harm. If you or a family member has fled dangerous conditions, we can help you pursue asylum or other humanitarian protections.
Defenses for Long-Term Residents
Green card holders and other long-term residents have additional defenses against deportation. Depending on your situation, you may qualify for:
- Cancellation of Removal: Relief that allows certain long-term residents to keep their green cards if they meet strict requirements.
- Adjustment of Status: A chance to apply for lawful permanent residence based on family or employment ties.
- Waivers of Inadmissibility: Legal forgiveness for certain past conduct that might otherwise lead to deportation.
Judges consider factors such as the length of time you’ve lived in the U.S., your family relationships, and your contributions to the community.
Protecting Your Future
Deportation proceedings can feel overwhelming, but you are not without power. You have rights that can and should be defended. From due process protections to appeals and humanitarian defenses, there are multiple ways to fight removal and stay with your loved ones.
At Central Justice, we are committed to standing by non-citizens throughout Florida who face the threat of deportation. We will help you understand your options, prepare your defense, and fight for your right to remain in the United States.
If you or someone you love is facing deportation, call Central Justice today to schedule a consultation and take the first step toward protecting your future.
