The current political and social climate has left many families in a state of high anxiety. At Ybarra Maldonado Law Group, we receive daily calls from concerned individuals asking: “Will legal immigrants get deported?” or “Can you get deported for no reason?”
In this comprehensive guide, we address the legal realities of removal proceedings in the United States. Whether you are a Green Card holder, a student on a visa, or a naturalized citizen, understanding your rights is the first step in protecting your future.
Can You Get Deported for No Reason?
In the United States, the legal system is built on “Due Process.” This means that the government cannot simply remove a person on a whim. So, can you get deported for no reason? Technically, no.
The Department of Homeland Security (DHS) must provide a specific legal basis—outlined in the Immigration and Nationality Act (INA)—to initiate removal proceedings. However, many people feel like they are being targeted for no reason because the laws are so complex. Often, what seems like a minor oversight to a layperson is viewed as a “deportable offense” by the government.
Common Grounds for Deportation
- Criminal Convictions: Even non-violent crimes can trigger deportation proceedings.
- Status Violations: Staying past the date on your I-94 or working without authorization.
- Fraud: Providing false information on a previous immigration application.
Can Legal Immigrants Get Deported?
A common misconception is that having “legal status” or a “Green Card” makes you immune to deportation. Unfortunately, this is not true. Will legal immigrants get deported? Yes, it happens every day.
Lawful Permanent Residents (Green Card Holders)
Even if you have lived in the U.S. for 20 years, paid taxes, and have a family, your status as a Permanent Resident is exactly that: conditional on you following the law. You can lose your residency and be placed in removal proceedings if you are convicted of:
- Aggravated Felonies: This is a broad category that includes serious crimes like murder, but also some theft or filing false tax returns.
- Crimes Involving Moral Turpitude (CIMT): These are crimes that are considered “vile or depraved,” such as fraud or certain types of assault.
Are Legal Immigrants Getting Deported for Minor Crimes?
The definition of what makes a crime “deportable” has shifted over the years. Currently, are legal immigrants getting deported for things like DUI or simple possession? While a single DUI may not always lead to deportation, a combination of offenses or a specific type of drug charge certainly can. This is why having an experienced lawyer for deportation is vital the moment an arrest occurs.
Can a Citizen Be Deported from the US?
This is one of the most searched questions: can a citizen be deported from the us? The answer depends entirely on how you became a citizen.
Birthright Citizens
If you were born on U.S. soil or born abroad to U.S. citizen parents, you are a citizen by birth. You cannot be deported. There is no legal mechanism in the United States to strip a birthright citizen of their status and remove them to another country.
Naturalized Citizens
If you became a citizen through the naturalization process, you have almost all the same rights as a birthright citizen. However, there is a rare process called denaturalization.
So, can you get deported if you are a citizen through naturalization? Only if the government proves in federal court that:
- You lied on your citizenship application.
- You were involved in subversive groups (like terrorist organizations) shortly after becoming a citizen.
- You were dishonorably discharged from the military before serving five years (if your citizenship was based on military service).
When people ask, “are US citizens getting deported?”, they are usually referring to rare cases of mistaken identity or these complex denaturalization trials.
Can You Get Deported if You Have a Work Permit?
Many people currently have “legal presence” through programs like DACA, TPS, or pending asylum claims. Can you get deported if you have a work permit (EAD)? Yes. An Employment Authorization Document (EAD) is not a status; it is a benefit tied to a status. If your underlying application (like an asylum claim) is denied, your work permit becomes invalid. Without a valid status, you are subject to removal. Furthermore, certain criminal arrests can lead to the immediate revocation of a work permit.
What Happens When You Get Deported? (The Process)
Understanding what happens when u get deported can help remove the fear of the unknown. The process is usually a long legal battle, not an overnight event.
1. The Notice to Appear (NTA)
The process begins when you receive an NTA. This document lists the “allegations” (the facts of your case) and the “charges” (the laws you supposedly broke).
2. Master Calendar Hearings
This is a short preliminary hearing. This is where you—and ideally your lawyer for deportation—tell the judge how you intend to fight the case.
3. Individual/Merits Hearing
This is essentially a trial. You present witnesses, evidence, and testimony to prove why you should be allowed to stay.
4. The Final Order
If the judge rules against you, they issue an order of removal. However, you often have 30 days to appeal that decision to the Board of Immigration Appeals (BIA).
How to Protect Your Family: Why You Need a Lawyer for Deportation
The immigration system is designed to be difficult to navigate alone. If you are worried about your status, you need a legal team that understands the local courts and the federal landscape.
At Ybarra Maldonado Law Group, we specialize in keeping families together. A skilled lawyer for deportation can help you by:
- Applying for Cancellation of Removal: A way for long-term residents to get a Green Card even if they are in deportation proceedings.
- Filing for Asylum: Protection for those who fear persecution in their home country.
- Criminal-Immigration (Crimmigation) Consulting: Ensuring that a criminal plea deal doesn’t lead to automatic deportation.
A proactive defense is the best way to protect your family from the unexpected. We specialize in Pre-Detention Representation designed to safeguard your rights before a crisis occurs.
By establishing a formal legal relationship with a lawyer for deportation now, you ensure that if ICE ever contacts you, your legal defense is already in motion, your family knows exactly who to call, and your critical documents are prepared.
Don’t Wait Until ICE Knocks
The best time to speak with a lawyer for deportation is before there is a problem. If you have a criminal record, an expired visa, or a pending application, get a professional review of your file today.