The Unseen Struggles: Deportation At Airports

Deportation is the process of removing a non-citizen from a country for violating immigration laws. Foreign nationals, undocumented immigrants, and permanent residents are all subject to airport detention and deportation. A person can be deported from a country for several reasons, including incorrect visas, serious crimes, abandonment of permanent resident status, and illegal entry into the country. If a person is detained at the airport, they may be held in a detention center before a removal hearing, during which they can present their defences and reasons for not being deported.

Reasons for airport deportation

Deportation is the process of removing a non-citizen from a country for violating immigration laws. In the United States, for example, the Immigration and Nationality Act (I.N.A.) outlines the grounds for deportation, which can include individuals who are not citizens and are lawfully or unlawfully present in the country.

Violation of Immigration Status

An individual may be deported for violating the terms of their immigration status, such as a green card or non-immigrant visa. This includes failing to comply with visa requirements or overstaying beyond the authorized period.

Inadmissibility

If a person was inadmissible at the time of entry or status adjustment, they may be deported. This could be due to reasons such as incorrect visa applications, lack of proper travel documents, or failure to meet entry requirements.

Criminal Activity

Engaging in criminal activity, either within or outside the country, can lead to deportation. This includes committing felonies, crimes of moral turpitude (such as theft or fraud), aggravated felonies (like murder or rape), drug-related offences, or any other activity deemed a threat to public safety or national security.

Marriage Fraud

Obtaining a green card through marriage and then terminating that marriage within two years is considered marriage fraud and is grounds for deportation.

Failure to Register or Provide Information

Failing to meet certain requirements, such as registering as a sex offender or notifying immigration authorities of a change of address within the specified timeframe, can result in deportation.

Asylum and Immigration Hearing

Individuals who arrive at the airport without applying for asylum or those who have missed their immigration hearing dates are often detained and considered for deportation.

It is important to note that each country's immigration laws and deportation procedures may vary, and the above reasons are not exhaustive. Consulting with an immigration lawyer or seeking official government sources is advisable for specific information.

Rights of undocumented immigrants

The rights of undocumented immigrants are shaped by constitutional protections, federal laws, and court rulings. While they may not enjoy the same comprehensive liberties as citizens, they do have fundamental protections under the law. Here is a detailed overview of the rights of undocumented immigrants:

Right to Due Process of Law

Undocumented immigrants are entitled to due process of law, as outlined in the Fifth and Fourteenth Amendments. This guarantees fair legal proceedings and protection against arbitrary denial of life, liberty, or property, regardless of legal status. This includes the right to be informed of charges, the right to an attorney, and the right to present evidence in their defense.

Right to Legal Counsel

The Sixth Amendment guarantees the right to legal counsel in criminal prosecutions, which also applies to immigration proceedings. However, in deportation proceedings, the government is not obligated to provide free legal counsel, and individuals must either retain an attorney or represent themselves.

Right to Be with Family

The right to family unity is recognized in the Universal Declaration of Human Rights and is particularly relevant in deportation cases. While this right is not absolute, and is weighed against the government's interest in enforcing immigration laws, the government must prevent separations whenever possible and provide reunification services.

Protection from Unreasonable Searches and Seizures

The Fourth Amendment protects individuals from unreasonable searches and seizures, including undocumented immigrants. However, this protection is limited in the context of immigration enforcement, with a 100-mile "border search exception" radius around any US border, including airports, where warrantless searches may be conducted.

Right to Education

Undocumented children have the right to access public education from kindergarten through 12th grade, as established in Plyler v. Doe (1982). This is based on the Equal Protection Clause of the Fourteenth Amendment, which prohibits discrimination based on race, ethnicity, or national origin.

Undocumented immigrants also have other rights, such as the right to a safe work environment, fair pay, and freedom from employment discrimination. Additionally, they have the right to remain silent and not answer questions about their immigration status, and they must be provided with basic necessities and educational opportunities if detained.

Steps to take if detained at the airport

Being detained at the airport can be a stressful experience, and it's important to know your rights and what steps to take. Here are some key steps to follow if you find yourself in this situation:

• Stay Calm and Comply: It's natural to feel anxious and nervous when detained by airport security. Try to remain calm and cooperate with the officers. Avoid making jokes, even if it's your natural response to stress. Remember, they are doing their job, and it's in your best interest to take their questions and instructions seriously.
• Understand the Reason: Ask the officers why you have been detained. Knowing the reason for your detention can help you better navigate the situation. For example, if it's due to a visa issue, you may need to extend your trip to sort out the necessary paperwork.
• Expect a Search: Customs and Border Protection (CBP) officers are authorized to search your belongings, including electronic devices, when you enter or exit a country. They are allowed to look through your files and may even seize your devices temporarily with supervisor permission. However, they cannot search you based on your race, gender, religion, or country of origin.
• Know Your Rights: Your rights during detention depend on your citizenship status and the country in which you are detained. For instance, in the United States, while U.S. citizens have the right to an attorney, non-citizens generally do not during immigration questioning. However, regardless of citizenship, you have the right to refuse to provide your passwords, although this may lead to further delays or denial of entry.
• Seek Legal Advice: If you are a non-citizen, it is crucial to speak to an immigration lawyer before answering questions about your background or immigration status. You have the right to remain silent and not answer questions about your immigration status, but refusing to answer other questions may result in being denied entry to the country.
• Be Prepared for Delays: Detention can last anywhere from half an hour to several hours, and you may even miss your flight. Remember that security officers are not associated with your airline, and they are not obliged to prioritize your flight over their security procedures.
• Request Asylum: If you are denied entry into a country but fear persecution or torture in your home country, you have the right to claim asylum. Inform the border agent of your fears and request asylum.
• Contact Your Consulate: If you are detained, you have the right to call and receive visits from your consulate. They can assist you in obtaining legal advice or pro bono legal services.
• Keep Important Information Handy: It is a good idea to have essential phone numbers memorized or easily accessible, such as those of your lawyer, consulate, and family members. Additionally, carry any necessary immigration documents with you at all times and be prepared to show them when asked.
• Understand the Deportation Process: If you are facing deportation, understand the process and your rights. You may have the right to appeal the ruling and seek legal help. In some cases, you may be able to leave the country voluntarily at your own expense.

The deportation process at airports

Initial Detention:

When a foreign national arrives at a US airport, they may be detained by Customs and Border Protection (CBP) officers. This detention occurs when the individual is identified as potentially violating immigration laws or failing to meet entry requirements. During this initial detention, the CBP officers will review the person's documentation and may ask questions to determine their immigration status.

Interrogation and Determination:

The detained individual will be taken to a private room for interrogation by CBP officers. Based on their answers and documentation, the officers will make one of the following determinations:

• Allow the individual to leave the country with a self-deportation agreement, which may include a bar on re-entry for a certain period.
• Detain the individual in the custody of Immigration and Customs Enforcement (ICE) until they can appear before an immigration judge, who will decide on their release with a bond payment.
• Serve the individual with a Notice to Appear before the Immigration Court and release them on an Order of Supervision, requiring them to report to ICE while their case is pending.

Immigration Court Hearing:

During the deportation process, the detained individual may be held in a detention center before their removal hearing. At the hearing, they will have the opportunity to present their defences and reasons why they should not be deported before an immigration judge. The judge will decide whether the deportation should proceed or not.

Expedited Removal:

In some cases, individuals may be subject to expedited removal without attending a hearing. This occurs when a non-citizen enters the country without correct travel documents, submits forged documents, or fails to comply with visa requirements.

Rights of the Detained Individual:

Undocumented immigrants have certain rights during the deportation process. They have the right to remain silent and do not have to disclose their immigration status. They can also refuse consent for searches and have the right to consult a lawyer. Additionally, they may be released on bond during the immigration case and have the right to challenge their deportation order before the immigration court.

Legal Assistance:

It is crucial to seek legal assistance from immigration lawyers, who can help protect the rights of the individual facing deportation. They can provide guidance, support, and representation throughout the process.

How to prepare for potential issues at the airport

Preparing for potential issues at the airport can help prevent airport deportation and other complications. Here are some key steps to take:

Know Your Rights and Documentation

It is important to familiarize yourself with your rights under immigration laws and always carry the necessary documents. Lawful permanent residents should have their green cards, while foreign nationals need valid visas. Always have copies of important documents such as your passport, visa, and immigration status proof.

Stay Informed

Keep yourself updated on changes in immigration laws and policies. Customs and border protection officers enforce these laws, and staying informed can help you understand your rights and obligations.

Legal Assistance

If you are facing potential issues, having a lawyer's contact information can be crucial. Legal experts in immigration law can provide guidance and support during the immigration enforcement process or if you are detained by customs enforcement.

Be Prepared for Questions

Be ready to answer questions from customs and border protection officers. Answer all questions truthfully, and be aware that lying or providing false information can lead to serious immigration consequences. Refusing to answer questions about your religion or political beliefs is within your rights.

Understand the Process

Knowing the deportation process and removal proceedings can be helpful if you face deportation. An immigration judge or the immigration court decides these cases, and being prepared can make a significant difference.

Avoid Legal Issues

Avoid activities that could lead to criminal convictions. Criminal activity can result in immediate deportation or detention by immigration and customs enforcement.

Travel Plans and Emergency Contacts

Inform your family or loved ones about your travel plans and keep them updated. In case of detention or denied entry, they can provide necessary support and contact legal authorities. Have a list of emergency contacts, including your lawyer, readily available.

Frequently asked questions