Immigration Updates

Questions on Mass Deportation and Removal Proceedings

What are the primary grounds for deportation in the United States?

Overstaying a non-immigrant visa /violation of a non-immigrant visa terms (e.g. a person with a visitor visa who failed to return after 6 months, an F1 student who failed to attend school…,)

A denial of a petition by the U.S. Citizenship and Immigration Service (USCIS)

Criminal convictions (e.g., fraud, theft, murder etc...)

How do removal proceedings begin for immigrants, including Congolese immigrants?

Removal proceedings begin once a non-citizen has been served with a Notice to Appear before an immigration Judge.

For one or more reasons outlined in the answer to question number 1, non-citizens can find themselves in removal proceedings where they can defend themselves against the allegations contained in the Notice to Appear.

During their hearings, they should provide a solid defense as to why they shouldn’t be removed from the United States.

What legal rights do individuals facing deportation have in the U.S. immigration system?

Individuals facing deportation have the rights to hire an attorney of their choice to defend them in immigration court, and they have rights to an interpreter if they cannot speak English.

Additionally, they have the right to appeal against the decision of an Immigration Judge if they do not agree with it.

What is the difference between voluntary departure and removal?

Volunteer Departure is a legal option that certain individuals have in removal proceedings. It allows the individual to leave the country on their own within the time allotted by the

Judge, without receiving a deportation order. Generally, individuals who depart voluntarily

can return sooner than individuals who have been ordered removed by the Immigration

Judge.

Having a Removal order/being ordered removed by the Judge prevents that person to return (prevents that person from returning)

to the United States sooner, generally the individuals are barred from entering the United States for a period ranging from 5-20 years depending on the Judge's order.

Those who have been ordered removed but failed to depart face tremendous challenges from adjusting their status.

How does an immigrant’s legal status (e.g., asylum seeker, refugee, undocumented) affect their chances of deportation?

Under this administration, people with pending cases are safe until the final decision of an

Immigration Judge or USCIS.

For example, if a person filed affirmative asylum with USCIS, they could remain in the United States until their cases get adjudicated. However, undocumented individuals with prior order of removals are being targeted by ICE raids. They are at risk of being deported.

What role do detention centers play in the deportation process, and how are detainees treated?

A detention center’s major role is to hold individuals who are suspected of being deportable while they go through immigration court proceedings. A detention center also holds individuals who have already been ordered removed, essentially serving as a temporary holding facility until their removal from the country is finalized.

There are a lot of reports and concerns regarding the treatment of detainees in these detention centers, concerns of inadequate medical care, poor living conditions, limited access to legal counsel, and human rights violations etc...

Can deportation orders be appealed, and if so, what is the process?

Yes. Generally, an individual can appeal a decision from the immigration judge within 30

days from the date that decision was issued.

The appeal will be filed with the Board of Immigration Appeals. If the individual still disagrees with the Board of Immigration Appeals, the individual can still get the federal district Court to review the decision of the Board.

And if that individual is lucky, the United States Supreme court can also hear her/his case, this

happens only in limited circumstances.

What are the specific challenges that Congolese immigrants face in deportation proceedings?

Some of the Congolese people I have worked with face what I call collateral damages to their

cases. For example, a person who was not properly guided while filing their petition with

USCIS now finds himself in removal proceedings because of ineffective assistance of counsel.

Errors that could have been prevented lead most people in removal proceedings and now we must deal with the aftermaths of events.

In my opinion, some Congolese people are not well informed about how to hire a qualified immigration lawyer. Although we do not win every case, we do help alleviate and remedy many situations.

How do political and diplomatic relations between the U.S. and the Democratic Republic of Congo impact deportation policies for Congolese immigrants?

I am not sure about the current political climate between the D.R. Congo and the United States.

What I know is that during his campaign, President Trump talked briefly about Congolese people with criminal records.

In this political climate, having criminal records is very detrimental to the removal proceedings.

Are there any special protections or considerations for immigrants from the Democratic Republic of Congo facing removal, such as country-specific asylum relief?

The conditions are not safe for people to return to the DRC and while the Biden administration voiced concerns about the DRC, it did not take the necessary action to protect Congolese people.

We hope that this administration will be able to designate D.R. Congo for TPS - Temporary Protected Status.

The U.S. government may designate a country for TPS if it's experiencing armed conflict, environmental disaster, or other extraordinary conditions.

When it comes to asylum defense, we emphasize the conditions in the applicant's country. Ultimately, success also depends on the validity and credibility of the asylum claim in question.

How does the current political climate in the U.S. influence the enforcement of mass deportations?

Deportation has been a long practice in America, according to too many reports including

the Migration Policy Institute. Under President Obama, an estimate of more than 5 million

(5, 281,115.00) people were deported. The difference with the Trump Administration is

publicity. This Trump administration is publicizing and advertising deportation as if it is a

new practice. Immigration and Customs Enforcement (ICE) is under pressure to meet their

daily quota of arrestees and detainees. The climate is hostile, it does really look bad.

People must know and understand their rights and exercise them.

What are the impacts of mass deportation on families, especially those who have children born in the U.S.?

The Trump administration's zero-tolerance policy, a rule that requires punishment for any violation regardless of circumstances, makes it difficult to advocate for these types of individuals.

Families are being separated from their US born children. Separation is causing extreme hardship for mixed families. The simple advice will be to seek counsel for better outcomes.

How does the U.S. government distinguish between criminals and non-criminal immigrants when carrying out deportations?

They are checking criminal records; they have access to FBI data. However, collateral arrests are also happening, which is unfortunate.

Some people are being released after ICE realized that they are not criminal or unlawfully present.

Are there any humanitarian considerations (e.g., medical issues, risk of harm) that could halt deportation for some individuals?

Eligible applicants can apply for Deferred Status, Application for a Stay of Deportation or Removal etc. ... These types of relief will be considered by ICE on a case-by-case basis.

What are the long-term effects of mass deportation on immigrant communities, particularly for refugees like those from D.R. Congo?

Deportation can have many negative effects on families and communities, including mental health issues, financial problems, and homelessness. It is very important for people in the Congolese community to have proper guidance, they should seek counsel.

If anyone needs consultation, please schedule it using the link below and mention CCWM Member:

https://calendly.com/bijoux-ngwandaesq/consultation

For membership benefits and questions, please contact:

info@ccwmusa.org