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Legal Grounds for Deportation in the United States

 United States Immigration and Customs Enforcement (ICE) arrested 74,000 individuals and made 59,000 deportations in 2021. These figures increased to 143,000 arrests and 72,000 deportations in the 2022 fiscal year ending in September, though they remain below the numbers under the Trump and Obama administrations. Multiple issues can result in deportation, and individuals need to understand their rights to avoid illegal deportation.

Any violation of visa conditions is legal grounds for deportation. A common violation involves not knowing or failing to respond to time limits. All visas are temporary and must be renewed or adjusted prior to expiration. Otherwise, a person’s only legal option is to return to their country of origin.

There are several specific conditions unique to each visa type. The United States Department of State recognizes dozens of nonimmigrant and immigrant visa categories, each with its own benefits and limits. For example, a fiance visa is a nonimmigrant visa available to individuals who are engaged to be married to an American citizen. This can be helpful for individuals planning a wedding or preparing for a more permanent relocation to the US. However, it is illegal for a person to obtain gainful employment under a fiance visa.

Noncitizens must also be careful about how they behave at official ports of entry. Illegal entry or reentry at the US border is a deportable offense. Tampering with any immigration processes is likely grounds for deportation. A marriage of convenience, for example, is a tactic used to illegally obtain a green card (a permanent resident card) through a fraudulent marriage. A person caught in a fraudulent marriage loses their residency and is deported from the country.

Committing a crime does not automatically warrant deportation, but various criminal acts can violate visa conditions or provide direct grounds for deportation. Serious crimes such as forgery, fraud, drug or arms trafficking, and homicide may be met with deportation, though it is also possible that a person is tried and sent to prison in the US, as opposed to their country of origin.

Similarly, a criminal record can negatively impact immigration processes. Certain crimes can make it impossible for a person to ever legally move to the US. US immigration services typically do not forgive any violent crimes or felony-level offenses. In addition to drug- or arms-related charges, misdemeanors such as domestic violence or driving under the influence of alcohol can also cause major problems with US immigration.

Generally speaking, there are three priority rankings for deportation. Individuals who pose a threat to national security, including individuals suspected of espionage or terrorism, rank first. Any noncitizen who threatens public safety ranks second, such as a person with an extensive history of violent crime. Last, individuals who have been apprehended at a port of entry are classed as a border security threat.

Legal professionals knowledgeable in immigration services and deportation can provide invaluable guidance when it comes to assessing and responding to criminal charges. For instance, ICE can deport a person for crimes of a “moral character.” The department gives attempted robbery and sexual abuse as examples of such crimes but does not give a proper definition. A person charged with a crime of “moral character” should discuss their options with legal representation.