What Rights do Immigrants Have When Facing Removal?
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Facing deportation is a scary thing, but it is important that anyone threatened with removal understands that they have certain rights. Even with all the power the federal government agencies have, no one can simply be arrested and sent out of the country. The authorities will try to expedite the proceeding as much as possible, but it is important that all immigrants understand the process and know their rights. If you are facing removal, below are just a few of the rights you have.
Leaving Voluntarily
The right to leave voluntarily is often one that United States officials try to use against immigrants. Often when immigrants are facing removal, the authorities will ask them to sign an agreement that waives their right to a hearing. It is important that immigrants understand when it is in their best interests to sign this agreement. If there is little chance that a person will be allowed to remain in the country, signing this agreement is sometimes beneficial because it will avoid a deportation showing on a person’s permanent record. Anyone who is in fear of deportation should speak to an immigration lawyer who can advise on the best options.
The Right to a Hearing
Again, no one can be arrested and sent out of the country immediately. Unless an agreement has been signed waiving the right to a hearing, all immigrants have the right to a deportation hearing. This is an administrative hearing and arguments are heard by a judge only. The immigrant will likely be asked questions by the judge and the attorneys present. When immigrants believe that they have a right to remain in the country, they can make this argument during the hearing.
The Right to a Lawyer
Under the U.S. Constitution, anyone who is required to appear in court has the right to legal representation. The United States Citizenship and Immigration Services (USCIS) will have their own attorney who will try to build a case against the immigrant, so it is crucial that the immigrant also has legal counsel of his or her own.
The Right to an Appeal
Unfortunately, hearings do not always end positively for immigrants. When this is the case and a judge’s decision is to deport the individual, the immigrant has the right to appeal to the Board of Immigration Appeals (BIA). The other side can also appeal the decision if the judge finds in favor of the immigrant.
Facing Deportation? Call Our Illinois Immigration Attorneys
The threat of deportation is extremely frightening for many immigrants, but no one has to go through it alone. At Kriezelman, Burton & Associates, LLC, our Chicago immigration attorneys can help. If you are facing deportation, we will protect your rights and ensure they are upheld and work hard to give you the best chance of remaining in the country. Call us today or contact us online to schedule a confidential meeting with one of our attorneys so we can discuss your case.
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