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Kevin Knudsen
Professor Tommie St. Cyr
Film 1070-004
6 October 2014

The Process of Deportation

Our country has been at a constant struggle with an issue since the formation of
our country, immigration. The problem were faced with as a nation is, what can be
done to prevent illegal immigration? How do we handle those that are illegal
immigrants? We commonly hear the phrase deportation, but what does that entail?
Ive conducted research into what exactly happens when an individual is charged with
deportation and ways we can resolve this probing issue.
The foundation of our beloved country was founded upon the idea of immigration.
The idealisms that penetrated our ancestors desire for freedom are still in existence
today. The differences between forefathers seeking relief from Great Britain arent so
different from those of the Latino culture. These individuals seek freedom from poverty,
gang violence, and repression in their economies. Out of fear, hope, faith, or
determination just as the pioneers who sailed across the pacific to America, these
people cross the United States borders with dreams of a new life. The reality of their
situation is often dangerous, risky, and without much guarantee. The legal way of
entering a country is through the means of using a visa. The United States Department
of State explains the use of a visa with the following. Having a U.S. visa allows you to
travel to a port of entry, airport or land border crossing, and request permission of the
Department of Homeland Security (DHS), Customs and Border Protection (CBP)

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inspector to enter the United States. While having a visa does not guarantee entry to
the United States, it does indicate a consular officer at a U.S. Embassy or Consulate
abroad has determined you are eligible to seek entry for that specific purpose.
DHS/CBP inspectors, guardians of the nations borders, are responsible for admission
of travelers to the United States, for a specified status and period of time. DHS also has
responsibility for immigration matters while you are present in the United States. (U.S.
Department of State, travel.state.gov). Now, are you to violate this form of entry, you
can be arrested and labeled as an illegal immigrant. This can result in a number of
actions to be taken on your behalf of entering illegally into a country.
When you are taken into custody by immigration officers the following procedure
is taken. Once an undocumented immigrant is taken into custody, the deportation
officer will make an initial determination as to whether to place the person into removal
proceedings and if so, how to charge the person. Most often, the charge will be unlawful
entry into the U.S., overstaying a nonimmigrant visa, or one of various criminal grounds,
if you were previously arrested and convicted of a crime. In order to initiate removal
proceedings, the deportation officer will serve you and the Immigration Court with a
Notice to Appear (NTA). The Notice to Appear lists the charges against you. You then
have the right to see an Immigration Judge. If you do not agree with the charges, you
can fight them. Even if the charges are correct, you may still be eligible for relief from
removal. For a discussion of possible defenses, see Possible Defenses to Deportation
of an Undocumented Alien.
Removal proceedings can be lengthy, sometimes taking years to complete. As long as
you do not have a prior order of removal, nor sign agreement to your deportation or

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accept voluntary departure, you will not be immediately deported just because you are
caught. (Christina Galvan, nolo.com/legal-encyclopedia) When the action is made by a
judge generally a one-way flight ticket is purchased for the illegal immigrant and
charges will be pressed on them further when they arive in their native country. This
creates a burden for our government in a number of ways: one being financially and two
time consumption. Its hard to see such resources being wasted when these illegal
immigrants could play a vital role in our society.
These immigrants come with the dream of making a future for themselves and
their families. They dont arrive expecting things to be handed to them, its quite the
opposite. These individuals come seeking employment and hard work to earn what they
desire so much. From a personal interview with an immigrant, who would like to remain
nameless, she explains the hardship of gaining citizenship and making the journey into
this country. The reason I traveled thousands of miles, paid hundreds of dollars, and
worked tireless nights was to create a future for my children. Entering this country is a
dangerous journey with many risks. The hardest of all is when you finally arrive they
want to send you back because you lack documentation. I was able to gain citizenship
after 10 years of living in the United States and with citizenship I could live in a country
of freedom without fear of being taken and deported. (Immigrant from Mexico, state of
Oaxaca) The sacrifices of this dear woman go beyond that of normal circumstances. I
feel that these people need to be given an opportunity to work and help our economy by
becoming citizens and participate in our great nation.
U.S. Senator John McCain offers this insight into the issue. "I have listened to
and understand the concerns of those who simply advocate sealing our borders and

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rounding up and deporting undocumented workers currently in residence here. But

that's easier said than done... I have yet to hear a single proponent of this point of view
offer one realistic proposal for locating, apprehending, and returning to their countries of
origin over 11 million people. How do we do that? ...it would take 200,000 buses
extending along a 1700 mile long line to deport 11 million people. That's assuming we
had the resources to locate and apprehend all 11 million, or even half that number,
which we don't have and, we all know, won't ever have." (John McCain, Statement on
Senate Floor, Mar. 30 2006). I too with John Mccain, believe rather than exhausting
efforts in sending them back to their countries, we need to give them equal opportunities
to become full fledged citizens and begin to earn what they came here to work for. Not
only would these illegal immigrants benefit, but the United States government would
save money and gain money from these peoples participation in paying taxes,
purchasing houses, and building a foundation here in America. As I stated earlier, this
country was founded upon immigrants. Lets stop wasting time and effort by trying to
take freedom from people who journey seeking freedom from their poverty and
restricted living conditions.

Bibliography

ProCon.org. "Solution to Illegal Immigration?" ProCon.org. 4 Apr. 2009. Web. 3

Galvan, Christina. "What Happens When an Undocumented Immigrant Is

Caught." Nolo.com. Nolo, 7 June 2014. Web. 6 Oct. 2014.

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"What Is a U.S. Visa?" What Is a U.S. Visa? Web. 6 Oct. 2014.

<http://travel.state.gov/content/visas/english/general/frequently-asked-questions/whatis-a-u-s-visa.html>.