Immigration

Removal

Despite the measures the United States government uses to ensure that immigrants are in the United States legally, sometimes the government must expel foreign nationals. The legal procedure which the government uses to accomplish this is known as removal (although some people continue to refer to the process by its former name, deportation). Removal refers to the expulsion of foreign nationals from within the United States, which can happen under many different circumstances. While the procedure is a civil process and not a criminal penalty, the forced departure can drastically alter the removed individual's life by separating him or her from work, friends, and even family.

The government must follow legal guidelines when removing a foreign national. The Immigration and Nationality Act (INA) provides five major removal categories of persons subject to removal.

• Individuals inadmissible at the time of entry: The government may exclude prospective entrants on a number of grounds, including health, criminal status, security risk, public-charge proscription, labor certification requirements, illegal entry, faulty or inadequate documentation, marriage fraud, ineligibility for citizenship, and other miscellaneous grounds. If the government could have excluded a foreign national at the time he or she entered the country, then it may remove that individual if the exclusionary basis is uncovered later.
  
  
• Entry without inspection: The government may also remove aliens who fail to present themselves for inspection at the time of entry, or who enter at an undesignated location. In addition, foreign nationals may not assist others to enter illegally by any of these methods.

  Example: Mary enters the United States via rowboat with three illegal alien companions, landing on an isolated beach. Although she is a legal resident, immigration officials may remove her for failure to enter at a proper point and to present herself for inspection. She may also face removal for assisting other foreign nationals to enter illegally.

• Criminal convictions: Generally, aliens may face removal for serious criminal convictions, including crimes of moral turpitude and aggravated felonies.
  
  
• Failure to register and falsification of documents: Violations of visa conditions such as staying longer than the visa allows, acceptance of unauthorized employment, and other procedural failures or deceptions can cause the government to seek removal.
  
  
• Security risks: The government may remove foreign nationals who espouse anarchy, communism, terrorism, or the violent overthrow of United States government.
  
  
• Public charge: Foreign nationals who become public charges by accepting government assistance within five years of their entry may be deported. However, a person is not subject to removal if he or she can show that his or her receipt of government assistance was caused by circumstances that arose after his or her entry into the U.S.

Many of these categories cover acts committed prior to entry as well as actions taken after coming into the country. The law allows the government to reach back to the point of entry and remove individuals who would not have gained access at that time. Unlike most other laws, the Immigration and Nationality Act's removal provisions sometimes apply retroactively: an individual's actions may sometimes expose him or her to removal even though the facts would not have supported that penalty when committed. Additionally, there is in many instances no general time limitation on removal, so an individual may face removal for actions taken many years earlier.

Removal bars the individual from return to the United States for at least five years (and in some instances much longer) unless he or she receives special permission to reapply for admission. Foreign nationals should investigate their obligations and avoid bringing their status into doubt. An immigration lawyer is indispensable for this purpose.

Checklist: Grounds for Removal

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Grounds for Removal

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