United States Deportation Laws
America has become extremely strict regarding certain aspects of deportation and immigration law, especially in the wake of such events as the terrorist attacks 9/11. Unfortunately, these laws are often unfair and far too harsh. Additionally, federal law is constantly changing, with new bills being introduced into Congress every year and agencies revising their own guidelines constantly. The Austin immigration lawyers at Walker Gates Vela, PLLC work to be as well-informed as possible about deportation and immigration laws which pertain to you.
Information About Deportation Law
The Department of Homeland Security governs immigration and deportation. U.S. Immigration and Customs Enforcement (ICE) enforces federal laws concerning border control, customs, trade and immigration to promote homeland security and public safety. Individual states, such as Texas, also have state laws concerning immigration. ICE keeps a list of classes of “deportable aliens.” For more information about if you may be considered for deportation, visit our “Will I Be Deported?” page. ICE also maintains certain procedures for handling deportation cases and hears arguments against being removed from the country.
The Department of Justice is responsible for the immigration courts, which are organized under a department called the “Executive Office for Immigration Review,” or EOIR. The immigration courts hear cases of individuals facing deportation. Immigration judges may grant or deny certain applications for relief from removal, some of which may be appealed to the Board of Immigration Appeals.
Illegal Immigration Reform And Immigrant Responsibility Act (IIRIRA)
Passed in 1996, The IIRIA Congress rewrote provisions in the Immigration and Nationality Act (INA) that pertain to the circumstances under which certain aliens subject to expulsion from the United States may become legal residents. The Act made it more difficult for deportable aliens to fight their deportation case. The IIIRA narrows judicial review of cases concerning noncriminal aliens. Undocumented aliens must remain outside of the United States for three years if they have been in the country for more than 180 days but less than 365 days. If they are in the country for more than one year, they must remain outside of the U.S. for ten years. This is in effect unless the alien receives a pardon. The illegal-immigration bill that ultimately became IIRIRA 96 was divided into six broad areas and focused primarily on stronger enforcement efforts and penalties for person who attempt to enter illegally, smuggle immigrants into the country, or live inside U.S. borders without proper documentation. IIRIRA also established a cap on the number who could receive cancellation of removal — 4,000 each fiscal year.
The Patriot Act And Anti-Terrorist Acts
The Patriot Act of 2001 was the government biggest legislative response to the World Trade Center attacks on 9/11. Title IV: Protecting the Border aims to prevent terrorism in the USA through harsh immigration regulations. The provisions of the title generally increase the difficulty of entering the country for those known to have, or suspected of having, terrorist intent. The Act also prescribes mandatory detention for those suspected of terrorist activity and narrows judicial review of those suspected of terrorist group activity.